Houston Child Pornography Defense Lawyer

You may be shocked to learn that you are under investigation for possession of child pornography. You may have no idea how such material got onto your computer and you may be appalled that you have been labeled as a potential sex offender. Your reputation and your freedom are at stake: act quickly and contact a Houston sex crimes attorney for the best defense strategy.

If you have been questioned about child pornography on your computer or if you believe you are being investigated for this type of computer crime, talk with an experienced Houston possession of child pornography defense attorney who can protect your rights and good name. Call the Law Office of David Breston at 888-220-4040 today or contact us online.

How Can David Breston Help With Your Possession of Child Pornography Defense In Houston?

David Breston Has Been Fighting For Clients in Houston Since 1997 With over 4000 clients represented

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

Texas Criminal Defense Lawyers Association, 1997 – Present | Member
National Association of Criminal Defense Lawyers Association, 1997 – Present
American Immigration Lawyers Association, 2004
Harris County Criminal Defense Lawyers Association, 1997 – Present

Client Review: 5/5 ★ ★ ★ ★ ★

I hired David to represent me in a aggravated assault with a deadly weapon case and to make a long story short he and his staff assisted in getting everything dismissed. I am thankful I made the right choice by choosing him.

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What is Texas’ Child Pornography Law?

Under Texas law, child pornography is defined in the Texas Penal Code, Section 43.26 and related sections. The law specifically addresses the possession, promotion, and production of material that visually depicts a child engaged in sexual conduct. Child pornography, referred to as “child sexual abuse material” in Texas law, is defined as any visual material that:

1. Depicts a Child, Under 18 Years Old, Engaging in Sexual Conduct:
   • The material must show a child (under the age of 18) engaged in sexual conduct.
   • “Sexual conduct” includes:
     • Sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal).
     • Deviate sexual intercourse.
     • Sexual bestiality.
     • Masturbation.
     • Sadomasochistic abuse.
     • Lewd exhibition of the genitals, anus, or any part of the female breast below the top of the areola.
2. Visual Material:
   • This includes photographs, films, videos, digital images, or any other visual representation that depicts a child engaged in sexual conduct.
3. Knowingly Possessed or Promoted:
   • The person must knowingly or intentionally possess, access, promote, or distribute the material.

Texas Possession of Child Pornography Penalties

Possession of child pornography is treated as a serious felony offense, and the penalties depend on the specific circumstances of the case. Here’s a detailed breakdown of the penalties:

• Possession: Third-degree felony (2–10 years in prison, up to $10,000 fine).
• Promotion: Second-degree felony (2–20 years in prison, up to $10,000 fine).
• Production: Second-degree felony (or first-degree felony if the child is under 14, punishable by 5–99 years or life in prison).

A conviction for child pornography requires the offender to register as a sex offender for life. This registration imposes significant restrictions on where the offender can live, work, and travel.

Careful Investigation and Dedication to Your Child Pornography Possession Defense

Possession of child pornography is a serious computer crime that often involves the use of e-mail and file sharing. Child porn crimes may also involve accidental downloads or mistaken identity if the computer is shared by multiple users.

Attorney David Breston carefully examines the evidence against you and looks at issues such as:

• Who else had access to your computer?
• Did another user download or view child pornography on your computer and you were falsely accused?
• Is there evidence that the material in question was accidentally downloaded or sent to you in a spam e-mail?
• Is the material “lewd” under the law’s definition for child pornography?
• Is the child porn actually a real depiction of a minor child, or is it simulated?
• Does the evidence suggest you were only in possession, or does it suggest the distribution of child porn to others?

Legal Representation Without Judgement

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence for possessing child pornography.

For experienced defense against possession of child pornography charges, please call the Law Office of David Breston at (713) 224-4040 or contact us online for a free confidential consultation.