Child Pornography
False allegations of child pornography (porn) can occur in a number of situations. For example, if you were set up or blamed for viewing or possessing child porn, if you were unaware the child was underage, or if you accidentally viewed child porn while browsing the Internet on a computer or cell phone, you could be falsely accused of committing an offense with child pornography.
Child pornography is commonly defined as any visual depiction of sexually explicit conduct that involves a child. Visual depictions can include any of the following:
- A video,
- A picture,
- A photo,
- A movie,
- A film,
- An image,
- A computer generated image,
- A computer generated graphic, and/or
- Any other recording, broadcast or transmission through electronic means.
False allegations of child porn must be proven by the state prosecutor beyond a reasonable doubt in order to convict the alleged offender of the offense. This can be a very difficult burden to meet and any doubt in the mind of the judge or jury at trial can result in an acquittal or reduction in the charges you are facing. An experienced sex crimes defense lawyer can help identify evidence or put on witnesses that that would disprove the prosecutor’s case. Therefore, it is important to contact a skilled defense lawyer once the false child porn accusations have been made against you, as an experienced attorney will begin creating the best legal defense for your particular situation immediately.
Dallas Child Pornography Defense Lawyer
Contact Stuckle & Ferguson for a consultation about your false child porn allegations throughout the Dallas / Fort Worth Metroplex, including the areas of Plano, Frisco, McKinney, Allen, Carrollton, Richardson, Garland, Irving, Grand Prairie, Mesquite, Denton, Lewisville, and Arlington. The attorneys of Stuckle & Ferguson are knowledgeable in all areas of Texas’ child porn laws and will make every effort to help you achieve the most desirable outcome for your particular situation. Contact Stuckle & Ferguson for a free consultation today at (972) 423-4405 if you have been charged with committing a child pornography offense throughout Dallas and Fort Worth.
Dallas Child Pornography Information Center
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Improper Photography or Recording of a Child in Dallas
An individual can be charged with improper photography or visual recording of a child under Texas Penal Code § 21.15 if they photograph, videotape or otherwise record, broadcast or transmit through any electronic means a visual image of a child at a location without the videotaped minor’s consent and with the intent to arouse or gratify any person. This offense must occur at any location besides a bathroom or private dressing room. This offense is generally punishable as a state jail felony.
An individual can also be charged with this offense if they photograph, videotape, or otherwise record, broadcast or transmit through any electronic means a visual image of a child at a bathroom or private dressing room:
- Without the child’s consent, and
- With the intent to invade the child’s privacy, or arouse or gratify the sexual desires of any person.
This offense is generally punishable as a state jail felony.
Texas law defines a minor, child or juvenile as anyone under the age of 18, according to the Texas Penal Code § 43.24(a)(1).
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Dallas Sale, Distribution or Display of Harmful Material to a Minor
An individual can be charged with the sale, distribution or display of harmful materials to a minor under Texas Penal Code § 43.24 if they:
- Sell, distribute, exhibit or possess for sale, distribute or exhibit to a minor harmful material knowing the minor is underage and with knowledge the material is harmful;
- Display harmful material and is reckless about whether a minor is present that will be offended or alarmed by the display with knowledge the material is harmful; or
- Hires, employs or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited above with knowledge the material is harmful.
This offense is generally punishable as a Class A misdemeanor or a felony of the third degree.
Harmful material is defined under Texas law as any material that has a dominant theme that:
- Appeals to the prurient interest of a minor through sex, nudity or excretion;
- Is patently offensive to most adults with respect to what is suitable for minors; and
- Is utterly without redeeming social value for minors.
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Sexual Performance of a Child in Fort Worth
An individual can be charged with sexual performance of a child under the Texas Penal Code § 43.25 if they employ, authorize or induce a child under the age of 18 to engage in sexual conduct or a sexual performance knowing the character and content of the conduct or performance. This offense is generally punishable as a felony of the second degree. However, if the alleged victim was under the age of 14, the offense is punishable as a felony of the first degree.
An individual can also be charged with this offense if they produce, direct or promote a performance that includes sexual conduct of a child under the age of 18 while knowing the character and content of the material. This offense is generally punishable as felony of the third degree. However, if the alleged victim is under the age of 14, the offense is punishable as a felony of the second degree.
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Possession or Promotion of Child Pornography in Denton
An individual can be charged with possession of child porn under the Texas Penal Code § 43.26 if they knowingly or intentionally possess visual material that depicts a child under the age of 18 engaging in sexual conduct and the alleged offender knows the material depicted a child under the age of 18. This degree of possession of child porn is generally punishable as a felony of the third degree.
An individual can be charged with possession or promotion of child pornography if they knowingly or intentionally promote or possess with intent to promote material that visually depicts a child under the age of 18 engaging in sexual conduct and they know the material depicts as child under the age of 18. If anyone possesses material that contains six or more identical depictions of a child under the age 18 engaging in sexual conduct, it is presumed they are possessing pornographic material with the intent to promote. This offense is generally punishable as a felony of the second degree.
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Penalties to Child Porn Crimes
If you have been falsely accused of committing a child pornography offense in the Dallas / Fort Worth Metroplex, it is important consult with an experienced child pornography defense attorney as soon as you are aware of the allegations. A conviction can result in any of the following repercussions or penalties:
- Sex offender registration requirements;
- Ineligibility to vote or hold public office;
- An inability to own or possess a firearm;
- Ineligibility to apply for certain jobs or occupations;
- A refusal to be admitted into certain educational programs; and/or
- Personal humiliations or public embarrassment.
A conviction for a Class A misdemeanor child porn offense can result in a jail sentence up to one year and/or a fine up to $4,000.
A conviction for a state jail felony child pornography offense can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
A conviction for a felony of the third degree child porn offense can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
A conviction for a felony of the second degree child pornography offense can result in prison term ranging from two to 20 years and/or a fine not more than $10,000.
A conviction for a felony of the first degree child porn offense can result in a prison term ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
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Stuckle & Ferguson, PLLC | Child Pornography Defense Attorney in Fort Worth
If you have been accused of committing a child pornography offense throughout Texas, including the areas of Collin County, Dallas County, Tarrant County, Denton County, Lubbock County, El Paso County, Bexar County, Nueces County, Webb County, Bell County, Travis County, Williamson County, Fort Bend County, Galveston County, Harris County and Montgomery County, contact Stuckle & Ferguson today. Paul Stuckle is an aggressive child sex crimes defense attorney in Fort Worth who will make every effort to fight the false child porn allegations against you. Contact Stuckle & Ferguson today for a free consultation at (972) 423-4405 or send an online message about your false child porn charges.