One of the harshest aspects of juvenile facing charges for a sexual offense in Texas is the possibility that, he or she will be required to register as a sex offender. And unfortunately, this could affect the juvenile’s adult life. Bennett & Bennett, a leading criminal defense law firm in Houston headed by Attorney Mark W. Bennett, helps individuals charged with such offenses on a normal basis and can attest to the challenges faced by defendants accused of sex crimes.
In Texas, the possession of children’s pornographic materials is considered a serious offense. And if one is accused of such a crime, it’s best for them to seek the services of an experienced lawyer before making any statements to a law enforcement officer. As per the section 12.34(a) of the Texas penal code; any account of child pornography is considered as a third-degree felony, and can attract a penalty of up to ten years.
Under the Texas law, an individual is said to have committed this particular offense if, he/she knowingly possesses visual material that shows a child aged 18 years and below engaging in sexual conduct. It is also considered a crime if the child was also below 18 years of age at the moment the visual material was made. Additionally, if one is caught with more than six images of a minor person, it’s assumed that he/she had the intentions of distributing them. You should, therefore, know that distribution of child pornography is considered a separate offense.
Texas Law & Child Related Sex Crimes
What are The Texas Penalties for Child Pornography Possession?
As mentioned above, this type of an offense is considered a third-degree felony and can attract a sentence of up to ten years. Besides, it can also be fined up to $10,000. In other cases, however, the defendant may be asked to register as a sex offender permanently.
Understanding Legal Terminology
The Definitions of Child Pornography Crimes in Texas
Concerning this offense, a child is any person who is aged below 18 years. The term sexual conduct, on the other hand, refers to acts of sexual intercourse, sexual contact, lewd exhibitions of body parts and sexual bestiality. Similarly, the visual material refers to pictures, films or videos stored in any medium.
To identify such offenders, the police usually investigate their internet use with the aid of software that tracks computers’ IP address. But once they identify one, they then get search warrants and seize the gadgets that are storing the media. To obtain a search warrant, the officers allege that the user is sending or receiving children’s pornographic materials. During the search however they will interrogate a suspect till they get a confession or a lead to the offense then arrest them.
Criminal Defense Options
Defenses against Possession of Child Pornography Cases
There are ways in which the defendant can defend himself in court. A good lawyer can help prove that the defendant wasn’t aware of the age of the victim or otherwise, was misled. Basing on the fact that the defendant wasn’t aware of the actual age of the victim, he/she can win the case and be free of the charges.
Additionally, another defense strategy is the defendant’s lack of intent. This can be used in a scenario where the visual material was put into the defendant’s computer or mobile phone. An argument may be raised that the defendant didn’t know whether there was such material on his/her phone/computer and had no need to distribute the content.
In cases where the minors are in a romantic relationship. A defense lawyer can help minimize the punishment. The punishment may, therefore, entail participation in educational classes.
A lawyer may also ask for proof whether the victim was younger than 18 years at that particular moment. The determination may require a personal inspection of the victim and the visual material showing the child engaging in sexual activities amongst other things. Or rather a testimony concerning the appearance of a child engaging in sexual conduct from a medical expert.
The Texas justice system is quite unforgiving when it comes to sex crimes. As you can see above, the punishment is more severe when it comes to possession of child pornography. It’s therefore essential for you to hire an expert sex crime defense attorney to fight for your rights.