A child pornography investigation can involve your phone, computer, online accounts, and other private communications. A child pornography lawyer in Pearland can review what police seized, how they obtained it, and what the digital evidence actually shows.
At The Law Offices of Tad Nelson & Associates, our Pearland sex crime lawyers represent people facing allegations involving sexual material and internet activity. Tad Nelson is a former prosecutor with forensic science training as an ACS-CHAL Lawyer-Scientist.
These cases can involve search warrants, questioning, bond conditions, and technical evidence taken from several devices or accounts. We can look at those issues together while working through the specific allegation against you.
What Does Texas Law Prohibit?
Our Pearland criminal defense lawyers can first identify the exact offense being alleged and what the state says supports it. That matters because Texas law separates different types of conduct involving prohibited visual material.
Under Texas Penal Code § 43.26, the law covers knowingly or intentionally possessing certain visual material involving a child, as well as accessing that material with intent to view it. Promotion and possession with intent to promote are addressed separately.
Texas also amended the statute in 2025 to address computer-generated material more directly. The Law Offices of Tad Nelson & Associates can determine which part of the law applies before looking at what the digital evidence may show.
What Can Affect the Penalties?
For possession involving an actual child under § 43.26(a-1), the starting offense level is a third-degree felony. The charge can increase depending on factors such as prior convictions, the number of depictions involved, and the age of the child depicted.
Computer-generated material is treated separately. The starting level for possession under that part of the statute is a state jail felony, with higher offense levels available in specified circumstances.
A conviction under § 43.26 can also require sex offender registration. For an adult conviction under this section, the registration duty generally continues for life, which makes it important to understand the exact charge rather than looking only at the possible prison sentence.
For a free legal consultation with a child pornography lawyer serving Pearland, call (281) 280-0100 today
What Does Knowing Possession Mean?
Finding a file on a device is not the end of the legal question. The state still has to prove the mental state required by the statute, including intentional or knowing possession or access with intent to view.
How the material came to be on the device can therefore matter. So can where it was stored, whether it was opened, what account was being used, and whether other information on the device sheds light on who controlled it.
A Pearland child pornography defense lawyer can look at those details alongside the state’s account of what happened.
How a Pearland Child Pornography Lawyer Reviews Digital Evidence
Digital evidence can contain far more information than the file itself. Dates, account activity, device records, browser data, cloud storage information, and other technical details may help explain when something happened and how it reached a particular device.
That evidence also needs context. A timestamp does not necessarily tell you who was using a computer at that moment, and an IP address identifies an internet connection rather than automatically identifying the person responsible for particular activity.
Tad Nelson’s forensic science background gives our firm useful context when reviewing technical material. Where needed, we can also consider whether additional forensic review is appropriate.
Pearland Child Pornography Lawyer Near Me (281) 280-0100
What If Other People Had Access to the Device?
Shared computers, phones, Wi-Fi connections, cloud accounts, and living spaces can complicate the question of who possessed or accessed particular material.
If several people could use the same device or account, we want to know how access worked in practice. Passwords, user profiles, login history, the location of the device, and other activity around the relevant time may all become important.
The Law Offices of Tad Nelson & Associates can compare that information with what investigators say links the activity specifically to you.
What If Police Seized Your Phone or Computer?
A search warrant has limits. We can review what property the warrant allowed police to seize, what information they were authorized to search for, and how the warrant was obtained.
That does not mean every disagreement with a search makes the evidence inadmissible. The facts and the warrant itself have to be reviewed before deciding whether there is a legal basis to challenge what happened.
Do not delete files, reset devices, alter accounts, or dispose of anything connected with the investigation. If investigators want to question you, you can ask for a lawyer before answering questions about the allegation.
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Can a Case Involve Federal Charges?
Some investigations involve federal agencies or conduct that could potentially fall under federal criminal law. That does not mean every internet-related allegation automatically becomes a federal case.
The charges depend on what investigators say happened and which laws they believe apply. Federal offenses also have their own elements and sentencing rules, which can differ considerably from a prosecution under Texas law.
If federal investigators are involved, The Law Offices of Tad Nelson & Associates can identify what is actually being investigated before advising you on the next step.
Talk to a Child Pornography Lawyer in Pearland
You do not need to understand the forensic report or decide on a defense before speaking with a lawyer. Start with what happened, what police took, what you have been told, and whether any charges have already been filed.
The Law Offices of Tad Nelson & Associates can review the allegation without assuming that a file, device, or IP address tells the whole story. We can then explain what the evidence means and which issues need further investigation.
We offer free consultations. Contact our team to speak with a child pornography lawyer in Pearland about the investigation or charge.
Call or text (281) 280-0100 or fill out our Free Case Evaluation Form to get started