Passionately Fighting
For Those Charged With a Crime
Help When Charged with Downloading of Illegal Pornography
Fighting Unjust Criminal Cases in Texas
Having someone accuse you of downloading child pornography can destroy your career, as well as permanently ruin the relationships you have with friends and family members. Receiving a felony conviction for downloading and possessing child pornography can lead to harsh and everlasting legal penalties at both the state and federal levels. The seriousness of a downloading child pornography charge requires the legal expertise of a criminal defense lawyer who has compiled an impressive record of winning downloading child pornography cases.
If you face a charge of downloading child pornography, you should act with a sense of urgency by contacting a Texas licensed criminal defense attorney. Highly acclaimed criminal defense lawyer Adam Capetillo will perform an exhaustive investigation of your case to determine which of the possible defenses for the felony crime will exonerate you of all criminal charges.
Overview of Texas Child Pornography Law
The State of Texas has created several laws that prohibit a wide variety of activities that involve child pornography, which is defined as pornography depicting anyone younger than 18 years old. Texas Penal code Section 43.26 states “is illegal to create, use, own, promote, distribute, or sell any visual depiction of children involved in sex or acts of a sexual nature.”
You can receive child pornography charges under one or more of the following circumstances.
- Downloaded child pornography to your cell phone
- Downloaded child pornography to a computer device
- Printed a hard copy of child pornography and had it on you at the time of the arrest
- Promote the downloading of child pornography
- Sold child pornography after downloading it
- Transported child pornography after downloading it
Penalties for downloading child pornography fall under the Computer Crimes statute of the Texas Penal Code. A first offense for downloading child pornography results in jail time spanning anywhere from two to 10 years.
Two-time offenders face up to 20 years in prison, while subsequent convictions after the second conviction can send a defendant to jail for up to 99 years. Each conviction also includes a fine up to $10,000.
In addition to criminal punishment, a conviction for downloading child pornography can produce the following negative consequences:
- Legal requirement to register as a sex offender
- Lose the right to vote
- Lose the right to own a firearm
- Lose child custody or visitation rights
- Denial of a visa application
- Difficulty enrolling in a college
Possible Defenses for a Downloading Child Pornography Charge
Right from the start of his investigation, Texas licensed criminal defense attorney Adam Capetillo will determine whether three extenuating circumstances granted by Texas law apply to your case. First, you cannot be charged with the crime of downloading child pornography, if you were the spouse of the minor at the time of the incident. Second, Texas child pornography law does not cover anyone who is less than two years older than the minor involved in the case. Finally, anyone who uses child pornography for educational, legislative, or law enforcement purposes is exempt from criminal charges.
Here are a few other possible defenses:
Does Not Meet the Burden of Proof
For criminal cases, prosecutors must prove guilt ‘Beyond a reasonable doubt.” This means there cannot be any doubt in the mind of each of the members of the jury. One way to plant the seed of reasonable doubt involves arguing you were not online at the time of the alleged incident. Every online act is time-stamped and if we can prove you were not online at the time of the alleged crime, then experienced criminal defense attorney Adam Capetillo will have planted the seed of reasonable doubt.
Constitutional Violation
Proving you downloaded child pornography requires a law enforcement agency at the state or the federal level to seize the electronic device where the alleged child pornography was downloaded. According to the 4th Amendment of the United States Constitution, law enforcement officials must obtain a properly issued search warrant to seize and search any of your personal property, including your computer and your cell phone. Another violation of the Bill of rights occurs when law enforcement fails to read your Miranda rights, which give you the right to remain silent and the right to speak with an attorney.
Facing the felony crime of downloading child pornography can create considerable stress, as well as confusion that can lead to you making one or more major legal mistakes. A proven criminal defense lawyer such as Adam Capetillo will perform an extensive review of your case in a timely member to determine the most effective course of legal action.
