Child Pornography Lawyers in Dallas

Comprehensive Sex Crime Defense in the Dallas Area

Federal law outlaws the possession, distribution, production, importation, or reception of any image of child pornography under 18 U.S.C. § 2251 et seq. The federal criminal penalties are harsh, with 5 to 20 years if the offender is found guilty of transporting child pornography or between 15 and 30 years for producing it. In addition, if convicted, the defendant may have to register as a sex offender.

In addition to the formal legal consequences of a conviction of this nature, however, there is an indefinable but significant drop in social reputation. Even if the government makes an egregious mistake of identity and the defendant is innocent, the defendant may still have trouble with future employment prospects and social standing. If convicted, the defendant could also have to deal with limited housing prospects, limited ability to attend or engage in their child’s activities, and more.

If you are facing child pornography charges, we recommend you contact an experienced Dallas child pornography lawyer at the Law Office of Patrick J. McLain, PLLC. Our associates are standing by to take your call at (214) 238-9392.

What Is Child Pornography?

Under Texas law, child pornography is any visual material depicting a child engaging in sexual conduct. This includes, but is not limited to, photographs, videos, digital or computer-generated images, and images created, adapted, or modified to appear that a minor is engaging in sexual conduct. The Texas Penal Code (Section 43.26) imposes severe penalties for anyone who knowingly possesses, distributes, or produces such materials.

On the federal level, the definition of child pornography is similar. According to Title 18, United States Code, Section 2256, child pornography is any visual depiction of sexually explicit conduct involving a minor (someone under 18 years old). 

Penalties for Child Pornography in Texas

Crimes related to child pornography are treated with utmost severity under Texas law. The production, distribution, reception, and possession of child pornography can all lead to severe legal consequences. 

These consequences include:

• Production: Under Texas Penal Code § 43.26, the production of child pornography is a second-degree felony. If convicted, a defendant could face 2 to 20 years in prison and a fine of up to $10,000.
• Distribution: The distribution or display of such materials is also a second-degree felony, punishable by 2 to 20 years in prison, plus a maximum fine of $10,000.
• Reception: Texas law punishes receiving child pornography under the same statute as possession, meaning it is also a third-degree felony. The penalties include a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.
• Possession: The possession of child pornography is a third-degree felony in Texas, punishable by 2 to 10 years in prison and a fine of up to $10,000.

These penalties can increase if a defendant has previous convictions, if the child depicted is under a certain age, or if the offense involved aggravating factors.

Federal Penalties for Child Pornography

Child pornography is considered a severe offense under federal law, attracting stringent penalties. The United States Code, Title 18, Section 2252 lays out the legal framework, explicitly classifying the production, distribution, reception, and possession of any form of child pornography as criminal offenses.

The federal penalties are: 

• Production: Those found guilty of producing child pornography can face 15 to 30 years imprisonment for a first-time offense. Subsequent offenses can lead to 25 to 50 years in prison or 35 years to life imprisonment.
• Distribution and Reception: For a first-time offense, distributing or receiving child pornography can lead to a statutory minimum of 5 years and a maximum of 20 years in federal prison. For subsequent offenses, the punishment ranges from 15 to 40 years.
• Possession: Possessing child pornography may result in a prison sentence of up to 10 years. However, if the offender has prior related convictions, the punishment can escalate to up to 20 years imprisonment.

It’s essential to note that these penalties can increase under certain circumstances, such as if the child pornography involves a minor under 12 years of age. Furthermore, those convicted must register as sex offenders, impacting their rights and freedoms long after their prison sentence has ended.

The Trial Process of Child Pornography Charges

In Texas, as in many jurisdictions, the trial process for child pornography cases is complex and follows a strict legal framework to ensure fair proceedings while handling sensitive and distressing evidence.

The trial typically commences with pre-trial motions where both the defense and prosecution file motions, such as motions to suppress evidence or dismiss charges, which the judge considers before the trial officially begins. During jury selection, attorneys from both sides question potential jurors to ensure an impartial panel.

The prosecution shoulders the burden of proving the defendant's guilt beyond a reasonable doubt. To do so, they present evidence, which often includes explicit images or videos. In child pornography cases, this evidence can be emotionally distressing, and the court takes measures to limit the exposure and protect the dignity of minors involved. Judges might restrict courtroom access or use technology to display evidence discreetly to minimize trauma.

Expert witnesses like forensic analysts or psychologists may testify to validate the authenticity of the materials or provide insights into the impact on the minors involved. Defense attorneys might challenge the evidence's authenticity, question the collection methods, or attempt to establish doubt regarding their client's involvement.

If the defendant chooses to testify, they're subject to cross-examination. However, they have the right to remain silent without the prosecution using that silence as an inference of guilt.

The trial concludes with closing arguments where both sides summarize their case, emphasizing key points and evidence presented throughout the proceedings. The jury then deliberates to reach a verdict. If found guilty, the defendant faces severe penalties, including imprisonment, fines, mandatory registration as a sex offender, and restrictions on future activities.

During the trial process, it is imperative to have an experienced criminal defense attorney on your side from start to finish. At the Law Office of Patrick J. McLain, PLLC, we are ready to protect your rights, reputation, and future inside and outside the courtroom.