Help When Charged with Downloading of Illegal Pornography

Defending You From Unjust Accusations

Of all the criminal allegations, perhaps no other allegation does more legal damage than the allegation of possessing illegal pornography. In Texas, illegal pornography refers to any pornography involving at least the participation of one minor who is younger than 18 years old.

A conviction for a downloading illegal pornography charge can destroy your personal life, as well as irreparably damage your career aspirations. However, the punishment and subsequent harassment experienced in prison is a much worse fate than simply having to rebuild your personal and professional reputations.

If you have been charged with the downloading of illegal pornography, you need the highly rated legal counsel provided by criminal defense attorney Adam Capetillo. The key is to present the right defense out of several possible defenses for the felony crime of downloading illegal pornography.

Overview of Child Pornography Laws in Texas

According to Texas Penal Code Section 43.26, which also defines illegal pornography to involve the participation of one minor under the age of 18, there are a large number of activities outlawed that can produce lengthy jail sentences. You can be charged with the downloading of illegal pornography if you participated in the creation of pornography involving a minor.

Texas law also prohibits anyone from possessing child pornography on any type of electronic device. Transportation of child pornography is a felony crime, as is promoting the sale of child pornography that has been downloaded from an online source or from a file located on a computer system.

The punishment for a downloading illegal pornography conviction depends on the seriousness of the alleged crime, as well as the number of previous convictions for the same crime. A first offense is considered a third-degree felony that carries a prison sentence between two and 10 years. A second offense ramps up the maximum possible jail term to 20 years. Subsequent offenses of downloading illegal pornography are considered first-degree felonies that trigger a prison sentence running from five to 99 years. There is also the possibility of a fine not exceeding $10,000 for every downloading illegal pornography conviction.

Defenses for Possession of Child Pornography

The State of Texas has established three exceptions to the downloading of illegal pornography crime. Experienced criminal defense lawyer Adam Capetillo will determine whether each of the three exceptions applies to your case.

Texas Penal Code Section 43.25 makes an exception for a spouse of a minor at the time of an alleged downloading child pornography crime. Defendants that are not more than two years older than a minor are also exempt from being charged with the felony crime.

In addition, some mental health professionals use downloaded child pornography as educational tools for preventing future crimes.

Here are a few other defenses for the charge of downloading illegal pornography:

Innocence

Mr. Capetillo will work to present evidence that proves you are innocent of all charges. Our team of accomplished criminal defense lawyers will determine whether you were using a computer device at the time the alleged crime occurred. We will also interview witnesses to establish an alibi. If the alleged crime occurred at a public venue, such as a library or a school computer, we will subpoena log records to prove you never used the computer device in question.

Violation of the 4th Amendment

The prosecution must seize and search a computing device to prove you downloaded child pornography. This requires the acquisition of a legally valid search warrant. If a law enforcement agency improperly searches an electronic device you own, we can present evidence that demonstrates the law enforcement agency violated the Constitution. Another constitutional violation involves a law enforcement officer not reading your Miranda rights.

As the fastest growing legal practice, computer crimes encompass a wide variety of acts that include downloading and possessing child pornography. If you are facing a downloading of illegal pornography charge in Texas, you need to work with a highly skilled defense attorney who fights hard for clients in a hostile legal environment.

Schedule a free initial consultation today with Adam Capetillo by submitting the Contact form found on our website or by calling us at (346) 249-5544.