cuffed man in courtroomThe Texas legislature amended the law in 2023 in regard to penalties for the possession of child pornography. I have previously discussed Texas’ penalties for possessing child porn. This change in the law is substantial and I am revisiting this issue as it is important for accused individuals to understand how this change applies to them. As an Austin criminal defense lawyer, I am experienced in handling such matters and I have been licensed to practice law since 1995. I am Board Certified in Criminal Defense by the Texas Board of Legal Specialization and my firm is solely dedicated to protecting the rights of the accused. If you are in need of assistance then contact my office today to speak with an attorney.

Prior articles

Possession of child pornography can now be charged as a third, second, or first-degree felony in the state of Texas

Amendments to Texas law have created a tiered system for how possession of child pornography can be charged in our state. Previously, possessing a single illegal image would constitute a third-degree felony. The possession of multiple images would mean a separate charge for each image, with the multitude of charges being stacked on one another. Under the revised statutes, possessing up to nine images will still result in individual, and stacked, third-degree felonies. Possessing between ten and forty-nine images will result in a single second-degree felony. Possessing fifty or more images, or a single illegal video, will constitute a first-degree felony. Furthermore, second and third-degree felony charges can be elevated if an individual has a prior sex-related conviction.

It is important to understand that the possession of child pornography can constitute a federal offense as well. Whether an individual will face federal or state charges (or both) will depend on the nature and facts of the case. If you are charged with a federal offense then it is important to remember that not all attorneys are licensed to practice in Federal Court. Furthermore, not all who are licensed in the federal system regularly practice there. If you are facing federal charges then it is important that you select counsel with experience in such matters.

Contact a criminal defense lawyer if you are charged with possessing child pornography

If you or a family member are charged with possessing child pornography then it is important that you retain counsel as soon as possible. Prosecutors take such matters extremely seriously and it is important that you mount the strongest possible defense. Such a defense may include the raising of search and seizure issues if law enforcement illegally obtained the materials from one’s computer or phone. A defense may also involve establishing that an individual did not knowingly possess the materials. The issues to be raised will always depend on the facts of the case and, even if defending the charges is not possible, counsel will work to obtain a more favorable resolution.

I am an Austin criminal defense lawyer who is licensed in both state and Federal Court. I understand the serious nature of such charges and my office will give your case the attention it deserves. This includes promptly responding to your messages and being available to answer your questions. Contact us online or by telephone today to schedule an initial consultation. We also serve the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.