Conroe Child Pornography Lawyer

Allegations of possessing child pornography could cost you everything. Even a false accusation can impact your reputation and career. A conviction for possession of child pornography carries a lengthy prison sentence and long-term consequences upon release.

If you were charged with possessing child pornography or any related offense, you should discuss your options with a dedicated sex crimes attorney. While these are serious allegations, you are innocent until proven otherwise in court. A Conroe child pornography lawyer could help develop a strategy to defeat the charges. Attorney Raphael Ortega could ensure your rights are respected throughout the criminal process and advocate for your best interests every step of the way.

Child Pornography Offenses in Texas

In Texas, it is illegal to possess, sell, or produce child pornography. Under Texas Penal Code Section 43.26, any visual material that depicts a child engaged in sexual conduct is child pornography. Sexual conduct could involve a simulated or actual sexual act involving a child. To secure a conviction, the prosecutor must have evidence that proves the defendant’s guilt beyond a reasonable doubt.

While child pornography-related crimes are governed by state law, charges are often issued at the federal level. Those convicted of a federal sex crime are subject to the Federal Sentencing Guidelines, which impose significant penalties for child pornography offenses based on the nature of the crime and the accused person’s criminal history. Be sure to consult an experienced Conroe criminal attorney when facing charges related to child pornography.

Penalties for Child-Pornography-Related Crimes

There are harsh penalties for convictions related to the possession, distribution, or production of child pornography. First-time offenders charged with possession of child pornography could spend up to ten years in prison and pay fines up to $10,000. These penalties are enhanced for repeat offenders. Someone with a prior conviction for child pornography could face up to twenty years in prison.

The possession of child pornography is a crime, but many people do not realize that sending or spreading these materials is also illegal. When child pornography is distributed across the internet, prosecutors can enhance the charges and related penalties.

Other potential consequences include a permanent criminal record, mandatory sex offender registration, and losing the right to vote or own a firearm. A conviction could also have an impact on child custody, employment, educational opportunities, and immigration status.

Potential Defenses to Child Pornography Charges

Facing accusations of possessing child pornography may seem like a hopeless situation, but a capable Conroe defense lawyer could help identify weaknesses in the prosecutor’s case. Some common defenses to child pornography charges include:

• Unlawful search and seizure: If the police violated the accused’s Fourth Amendment rights, the evidence may be inadmissible.
• Entrapment: Investigators often attempt to capture child pornography offenders by false pretenses.
• Lack of evidence: Criminal statutes require proof of both knowledge and intent to secure a conviction for child pornography charges. The prosecutor must drop the charges if they cannot demonstrate these key elements.

A Conroe Child Pornography Attorney Is Here to Help

If you were charged with the possession or distribution of child pornography, exercise your right to hire legal counsel as soon as possible. A Conroe child pornography defense lawyer could help mitigate the damage this type of accusation has on your life by advocating on your behalf in and outside of court.

During your initial consultation, attorney Raphael Ortega could review the charges raised against you and begin working on your defense strategy. Prosecutors at the state and federal levels treat these cases seriously, but there may be an argument for a reduction or dismissal. Contact us to schedule your free and confidential consultation.