Defense For Those Accused Of Possession Of Child Pornography

If charged with possession of child pornography, this is a serious crime in Texas. However, not everything is as it seems. There are defenses to this crime that an experienced criminal defense attorney will know how to raise on your behalf.

What Is Considered A Chargeable Offense?

The child pornography charge is defined in Section 43.26 of the Texas Penal Code under obscenity statutes. “Obscene” material includes images or writing dealing with sexual acts involving children or animals (bestiality).

No Proof Of Intent Is Needed

The act does not require any proof that the defendant specifically knew the age of the child depicted, only that he had reason to believe he/she was underage.

What Defines Possession?

In Texas possession means having care, custody, or management over the image. For example, you’re sitting in front of your computer when an image appears on the screen that you did not put there and do not want to see. You quickly turn off your monitor or unplug your computer. A few minutes later, the police arrive at your door because they found child pornography on your hard drive when they were serving a warrant for something else (let’s say hacking) at another location where they traced an illegal download back to your IP address. Under these circumstances, you have not knowingly possessed child pornography.

What Is Accidental Possession

What about accidental possession? For example, your computer comes with preloaded software, and the software contains illegal images of children that are automatically loaded when you turn on your computer or access certain files. You never knew they were there – this is unlikely with preloaded software because it would be difficult for a company to hide that kind of thing from the government agencies that regulate them – but you still technically possess those images. This would be considered “accidental” possession.

If you are charged with possession of Child Pornography in Fort Bend Texas, this is a serious crime that requires an experienced defense attorney.

Please contact David at:  281.570.6400 for immediate assistance – we answer our phones 24/7. Call us today!