Child Pornography Attorney in The Woodlands, TX
Child pornography related offenses are considered some of the most serious types of crimes. These are not only seriously prosecuted in court, but they arguably bring the most serious non-criminal penalties, affecting a person’s career, reputation, and life. If you have been accused of child pornography, it is important to hire a The Woodlands child pornography lawyer right away to begin defending your rights and future.
The Woodlands criminal defense lawyer on our team can help. Engage our team promptly.
About The Law Offices of Tad Nelson & Associates
At The Law Offices of Tad Nelson & Associates, we are proud to have an experienced team of trial attorneys who have courtroom experience. Tad Nelson, a former prosecutor, leverages his direct experience with state investigations to predict and respond to their legal approaches. He is a Board-Certified Specialist in Criminal Law with trial experience in capital murder cases, serious felonies, and high-profile cases throughout Texas.
Amber Spurlock brings her Air Force JAG experience and federal prosecution background to the firm, with experience in both military and civilian criminal law. Our firm has earned multiple honors, demonstrating our professional excellence, including the Super Lawyers award and Martindale-Hubbell AV Preeminent Ratings.
Understanding Child Pornography Laws
Child pornography offenses violate both federal and state law. Under Texas Penal Code §43.26, an individual may be charged with the possession, promotion, or distribution of sexually explicit visual material that features a minor. An individual convicted of such charges by the court could face an extended prison sentence as well as substantial fines and sex offender registration requirements.
The federal legal system uses U.S. Code Title 18 §2252 to prosecute individuals who distribute child sexual exploitation materials across state lines, as well as those who receive or possess such materials.
Understanding Possession and Distribution
An individual is in possession of child pornography when that person has actual or constructive knowledge of and control over sexually explicit images of children. Accidental discovery of an image, such as when browsing the Internet, is not considered possession if the image is immediately deleted or otherwise reported to law enforcement. On the other hand, knowingly viewing or saving an image is a felony.
Distribution includes sharing, transferring, or otherwise making a sexually explicit image of a minor available to someone else, including by electronic or physical means. The distribution methods can involve sending photographs through postal mail, as well as sharing images with people through flash drives or maintaining them within a shared digital folder. Distributing can also include forwarding images via text message.
Sentencing and Penalties
Child pornography convictions in Texas can have a significant impact on a person’s life. Depending on the circumstances, such as enhanced charges or repeat offenses in The Woodlands, the charges could be raised to a second-degree felony with up to 20 years in prison. Consider the following statistics from the United States Sentencing Commission:
- The average sentence for possessing child pornography was 82 months in fiscal year 2024.
- The average sentence for trafficking child pornography for that same year was 151 months.
- The average sentence for receiving child pornography was 106 months.
In addition to jail time, most convictions will include the requirement for mandatory sex offender registration, which can have lasting consequences for employment, housing, and personal liberties. If the material crossed state or national borders, federal charges may also be involved, typically resulting in extended sentences and heftier fines.
Hire a Child Pornography Lawyer in The Woodlands, TX
If you have been charged with a child pornography crime, you need to hire a child pornography lawyer who understands the process and can guide you through it. The Woodlands child pornography crimes are felonies in Texas and are prosecuted in the Montgomery County District Courts.
An experienced The Woodlands child pornography attorney will walk you through the entire process, from arraignment through trial. The lawyer has the authority to review evidence while dismissing the case if the search was illegal or seeking a charge reduction through negotiations with the prosecutor.
You do not want to handle these types of child pornography cases alone. This can jeopardize not only your criminal record but also your future, career, reputation, and overall well-being. A The Woodlands criminal defense lawyer at The Law Offices of Tad Nelson & Associates can help you.
FAQs About Child Pornography in The Woodlands, TX
Can I Face Federal as Well as State Charges for Child Pornography?
Yes, authorities may pursue legal action under both Texas and federal law if you distribute the images across state or national borders or online because such conduct breaches both jurisdictions. Federal prosecutors typically take cases where the distribution occurs online or if it rises to the level of trafficking. State charges would typically involve possession or promotion in Texas. It is also possible to be charged in both.
What Are the Penalties for a Child Pornography Conviction in The Woodlands?
Penalties under the Texas Penal Code are dependent on the particular offense that was committed. Possession, promotion, or distribution of the material is typically charged as a third-degree felony. This can result in 2-10 years in state prison and up to a $10,000 fine. Aggravated charges or repeated offenses can escalate the charge to a second-degree felony, with a potential increase to up to 20 years in prison.
Can a Conviction Result in Mandatory Sex Offender Registration?
Yes, in Texas, a conviction for most types of child pornography also requires you to register as a sex offender. Registration determines where you can live, work, and travel. In many cases, sex offender registration is for life. If you fail to register or follow any of the rules for registration, you can face more criminal charges.
How Do Texas Laws on Child Pornography Differ From Federal Laws?
Texas laws typically cover crimes that occur within state lines. This can be trafficking or possession. Federal laws take effect for offenses that cross state boundaries or occur online. Federal convictions typically result in stiffer penalties, such as longer prison sentences and heftier fines. These are seen as more serious than state offenses.
Contact The Law Offices of Tad Nelson & Associates Today
If you were charged with child pornography, hire a child pornography lawyer right away. An attorney at The Law Offices of Tad Nelson & Associates can help you in the legal process. Contact us today to get started.