Section 43.26 of the Texas Penal Code makes it illegal to knowingly possess or intentionally view material that depicts a minor engaging in sexual conduct. This material can include films, photos, negatives, or other photographic reproductions. Individuals who promote or intend to promote child porn will also be charged under this section of the Penal Code. Knowingly or intentionally promoting material that shows a child participating in sexual activity is considered the promotion of child pornography. Possession with intent to promote is more harshly punished than possession. If convicted, you will be facing enhanced penalties.
PENALTIES FOR CHILD PORNOGRAPHY IN TEXAS
The penalties for possession or promotion of child pornography should not be taken lightly. If you are found guilty of the crime, you are looking at a felony conviction and expensive fines. To try to mitigate the charges, you should contact our firm today.
The legal consequences for possession depend on your previous criminal history. A first offense is a third-degree felony that is punishable by two to 10 years in prison and a fine that can cost up to $10,000.
If you have been previously convicted of possession of child pornography, the court will be less forgiving. It’s a second-degree felony if this is your second conviction. You will be penalized with a prison sentence that can range from two to 20 years and be required to pay a fine that can cost up to $10,000.
It’s a first-degree felony if it’s shown in trial that you have been convicted of the crime two or more times. A first-degree felony is punishable by the following:
- Five to 99 years or life in prison
- A fine that can cost up to $10,000
As mentioned in the previous section, promotion or possession with intent to promote is more heavily penalized than possession. The crime is a second-degree felony, but if the court finds you have been previously convicted, your charges will be elevated to a first-degree felony.