Promotion of Child Pornography
Texas law provides for several presumptions that help the prosecutor prove charges for promoting child pornography under the Texas Penal Code, Section 43.26. A criminal defense attorney will often fight to convince the judge that the presumption should not be read to the jury because it does not apply under the particular facts of the case.
One presumption under Texas law that is often requested by the prosecutor is a presumption that "a person who possesses visual material that contains six or more identical visual depictions of a child that would constitute an offense under this section is presumed to possess the material with the intent to promote the material."
Attorney for Child Pornography Promotion Charges in Plano, TX
If you were arrested for or charged by indictment with the offense of promotion of child pornography, then contact an experienced criminal defense attorney in Plano, TX. A conviction for promotion or possession of child pornography carries extremely serious penalties and lifelong registry as a sex offender.
The criminal defense attorneys at Stuckle & Associates PLLC are experienced in representing clients for a variety of child pornography offenses, including the possession, promotion and failure to report child porn. Call Stuckle & Associates PLLC today at (972) 423-4405 for a free consultation to discuss the facts of your case.
Elements under Promotion of Child Pornography — Section 43.26.
At trial, the elements of promotion of child pornography must be proven by the prosecution beyond all reasonable doubt include:
- The defendant intentionally or knowingly promotes or possesses with intent to promote visual material
- The material visually depicts a child younger than 18 years of age at the time the image of the child was made
- The child in the image is engaged in sexual conduct, and
- The person knows that the material depicts the child engaging in sexual conduct
Definitions under the Promotion of a Child Porn Statutes in Texas
Under the statute in Texas for promotion of child pornography, the term “child” means a person younger than 18 years of age.
The term "promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of these actions.
The term “sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
Under Texas law, the definition of "visual material” is any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide, or any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method.
Defenses to the Child Pornography Promotion in Plano, TX
Under Texas Penal Code, Section 43.26(h), it is a defense to prosecution for the promotion of child pornography if the defendant is a law enforcement officer or school administrator who possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of transmission of child pornography and allowed law enforcement or other school administrative personnel to possess or access the material only as appropriate based upon the allegation described and then took reasonable steps to destroy the material within an appropriate period.
If the defendant establishes the defense, then at trial, the jury would be instructed that it should return a "not guilty" verdict if the affirmative defense for a law enforcement officer or school administrator is proven by a preponderance of the evidence.
Finding an Attorney for the Promotion of Child Pornography in Plano, Texas
If you were arrested for intentionally or knowingly promoting child pornography in Plano, Texas, or the greater Dallas-Fort Worth area, then contact an experienced criminal defense attorney for child pornography charges. We also represent teachers and school administrators accused of the possession or promotion of child pornography in Denton, TX, and throughout the greater Dallas-Fort Worth area.