Possession of Child Pornography Defense

Not All Crimes are Alike – Call Us Today

You have probably figured this out, but it bears repeating. Prosecutors, law enforcement officials, and even the inmates within the Texas penitentiary system view some crimes with much more disdain than they view other types of crimes.

One crime that is considered worse than most other types of crimes is called possession of child pornography.

If you have been charged with possession of child pornography, you need to act immediately by contacting a Texas licensed criminal defense lawyer who handles possession of child pornography cases.

The key is to apply the right defense for each unique legal circumstance surrounding a possession of a child pornography case.

Overview of Possession of Child Pornography Law in Texas

Texas law states a defendant can receive a criminal conviction for the possession of child pornography if he or she “intentionally or knowingly is in possession of visual material that portrays a child aged 17 years and below engaging in sexual conduct.” Child pornography is defined as the visual display of sexually explicit acts that involve a child. Like other states, Texas has extremely harsh punitive guidelines for anyone convicted of possession of child pornography charges.

According to the Texas Penal code, it is also unlawful to “record, photograph, videotape, transmit, or broadcast any visual image of a child without the child’s consent, and with the intention of sexually gratifying or arousing another individual.” Moreover, a person can be charged with the sexual performance of a child, as long as the accused induces, authorizes, or encourages a child younger than 18 years old to perform a sexual act.

Defending a Possession of Child Pornography Charge

Highly rated criminal defense attorney Adam Capetillo wants his clients to know that both Texas and federal prosecutors aggressively pursue convictions for possession of child pornography cases. This means our team of criminal defense lawyers will explore every possible defense to help our clients fight all charges.

Cannot Prove Possession

As a common defense, cannot prove possession, means child pornography was never in the possession of someone accused of committing a possession of child pornography crime. In the digital era, this often requires the prosecution to prove a defendant possessed child pornography on some type of electronic device, whether the device is a laptop or desktop computer, as well as a type of smartphone. It is possible that someone other than the accused downloaded child pornography, without the consent of the accused. Our law firm will have a computer forensic expert establish the time and date when the child pornography was downloaded, and then establish reasonable doubt that exonerates our client.

Content Does Not Meet the Legal Litmus Test

In a rush to judgment, some prosecutors ignore the fact that some content does not meet the legal threshold in Texas for constituting child pornography. Our team of criminal defense lawyers will perform a thorough review of the content presented by the prosecution to determine whether the content meets the legal litmus test in Texas for defining what is child pornography. We will apply verbatim the language used to define child pornography under the Texas Penal Code.

Violation of the 4th Amendment

Sometimes, a possession of child pornography case gets tossed out of court because a law enforcement agency performed an illegal search. The United States Constitution makes it unlawful for any law enforcement agency to conduct an illegal search. Law enforcement might search a defendant’s premise without a warrant or the agency might illegally acquire the warrant based on false pretenses. Another violation of the 4th Amendment occurs when a law enforcement agency goes beyond the legal scope of a warrant when performing a search.

Get the Legal Defense Team You Deserve

Having to deal with a possession of child pornography charge can send your life into a tailspin. Not only will you have to take being ostracized by friends and family members, your career will spiral into a freefall. To avoid the harsh legal ramifications, as well as the social consequences of a possession of child pornography charge, you must act with a sense of urgency by scheduling a free consultation with accomplished criminal defense Attorney Adam Capetillo.

You can reach the Capetillo Law Firm by calling our office at 346-249-5544 or submitting the convenient Contact form located on our website.