What’s The Difference Between Viewing & Possessing Child Porn in TX?

Texas law draws a clear distinction between viewing and possessing illegal content, but both actions can lead to severe sex crime charges. While simply viewing may not always result in criminal prosecution, possessing or knowingly downloading explicit material involving minors is a felony. Understanding the legal definitions and potential consequences is crucial for anyone facing allegations related to child pornography.

Texas Laws on Viewing and Possessing Child Pornography

Texas Penal Code § 43.26 criminalizes the possession, promotion, and distribution of child pornography. Under this statute, it is illegal to knowingly or intentionally possess, access (view), or distribute visual material that depicts a child engaging in sexual conduct. The law applies to digital files, printed images, and any other form of recorded content.

A conviction under the statute depends on proving that you knew the content was illegal and had control over the material. Possession alone can lead to felony charges, with penalties increasing if the material is shared or promoted. Repeat offenses and cases involving large quantities of content can result in enhanced sentencing.

How Prosecutors Must Prove Guilt Beyond a Reasonable Doubt

To secure a conviction for possession or promotion of child pornography under the law, prosecutors must prove each element of the offense beyond a reasonable doubt. This standard requires compelling evidence that directly links the accused to the illegal material and establishes intent. The prosecution must demonstrate that the defendant knowingly possessed, accessed, or distributed the content rather than encountering it accidentally or being misidentified.

The state must prove four key elements to establish guilt:

• Knowledge and Intent – The defendant must have been aware that the material contained illegal content and must have intentionally accessed or possessed it. Accidental viewing or incidental exposure does not meet this standard.
• Control Over the Content – Prosecutors must show that the accused had control over the images or videos, such as saving them to a personal device, cloud storage, or physical media. Simply viewing content without downloading or storing it may not qualify as possession.
• Depiction of a Minor – The prosecution must provide evidence that the material in question explicitly features an actual minor engaging in sexual conduct. Content involving adults who appear young or digitally altered images may not meet this requirement.
• Intent to Promote or Distribute – In cases involving promotion, the state must show that the accused intentionally shared or distributed illegal content. This can include sending files through email, messaging apps, or peer-to-peer networks.

Criminal Penalties for Child Pornography Convictions in Texas

Possession of child pornography is a felony offense, and sentencing depends on factors such as the number of files, prior convictions, and whether the defendant was involved in the promotion or distribution of illegal content. Judges have little flexibility in sentencing due to Texas’ strict laws on sex crimes, and those convicted may face lengthy prison terms, steep fines, and mandatory sex offender registration. Felony classifications and sentencing for child pornography convictions in Texas include:

• Possession of Child Pornography – A third-degree felony punishable by 2 to 10 years in prison and fines of up to $10,000.
• Possession With Prior Convictions – A second-degree felony carrying 2 to 20 years in prison and increased fines.
• Promotion or Distribution of Child Pornography – A second-degree felony with a sentence of 2 to 20 years and up to $10,000 in fines.
• Aggravated Offenses (Repeat Offenders or Large Quantities of Material) – A first-degree felony, which may result in up to life in prison depending on the severity of the case.