Dallas Child Pornography Defense Lawyers

Child pornography charges are serious criminal offenses that carry severe penalties under both state and federal law, including substantial prison sentences, hefty fines, and collateral consequences that negatively affect your personal and professional life if convicted. If you are facing criminal charges for possession of child pornography, seeking help from a child pornography defense lawyer is crucial to protecting your rights and building a strong defense. Call Broden & Mickelsen, LLP today for a confidential consultation about your case.

How a Texas Child Pornography Defense Lawyer Can Help You

An effective Dallas child pornography defense relies on having capable legal representation. Our criminal defense lawyers at Broden & Mickelsen, LLP offer unparalleled legal representation for those facing child pornography charges. Our team has dual board certifications in criminal law and criminal appellate law conferred by the Texas Board of Legal Specialization.

We offer thorough legal representation spanning trial and appellate stages across federal and state jurisdictions. With more than six decades of collective experience in defense advocacy for individuals and businesses, we have achieved significant victories for our clients, underscoring our commitment to securing favorable outcomes at every phase of the legal process. Some of the ways our experienced criminal defense attorneys can help you when facing child pornography charges include:

• Thoroughly examining the evidence and circumstances surrounding the allegations leading to your arrest to build a strong defense strategy
• Working with forensic experts to investigate digital evidence and establish innocence in cases where the images of sexually explicit conduct involving a minor were unknowingly accessed
• Developing a tailored defense strategy emphasizing the specific circumstances of your case
• Advocating for reduced charges or plea agreements to help mitigate the potential consequences of a conviction
• Informing you of your legal options, rights, and the potential outcome of your case

Learn more about how an experienced child pornography attorney can help when you call for your free case review.

What Is Child Pornography Under State Law?

Child pornography in Texas is defined as sexually explicit visual material that involves a child under 18 years old. Charges may be brought in relation to the following:

• Creation, possession, or distribution of child pornography
• Viewing or promoting child pornography

What Is Child Pornography Under Federal Law?

Federal child pornography laws under Section 2252 of Title 18, United States Code, outline four distinct offenses related to this illicit material. These offenses include:

• Transporting, mailing, or engaging in interstate commerce involving visual depictions involving minors in sexually explicit conduct
• Receiving, distributing, or reproducing visual depictions of minors in sexually explicit conduct that have been transported in interstate commerce
• Selling or possessing with intent to sell visual depictions of minors engaged in sexually explicit conduct in specific locations, as well as those produced using materials shipped in interstate commerce
• Possessing materials containing visual depictions of minors engaging in sexually explicit conduct

The conviction of federal child pornography charges carries severe penalties. These can include imprisonment and fines. Additionally, mandatory minimum sentences are applicable for certain offenses and prior convictions.

Over the past few years, there has been an increase in incidents involving the use of AI technology in the creation of child sexual abuse material (CSAM), leading to serious legal consequences for offenders. Some recent cases include a child psychiatrist in Charlotte, North Carolina, using AI technology to transform images of clothed minors into CSAM, and a registered sex offender in Pittsburgh, PA, possessing nude images onto which the faces of child celebrities had been superimposed.

Additionally, there have been instances involving teenagers using AI to alter classmates’ images into CSAM. Like other instances of possession, creation, and distribution, using AI technology for these purposes can result in federal child pornography charges for individuals who partake in these actions.

Penalties for a Child Pornography Conviction

Conviction of child pornography charges can result in severe penalties, including imprisonment and fines.

To possess or promote child pornography is a felony offense in Texas. This can result in severe criminal penalties upon conviction, including a lengthy prison sentence, fines, and other consequences. This crime is typically classified as a third degree felony under Texas law. A conviction can result in imprisonment in the Texas Department of Criminal Justice with a prison sentence ranging from two to ten years and a maximum fine of $10,000.

Subsequent offenses can result in a second degree felony conviction, as can being found in possession of between ten and 49 instances of child pornography. A second degree felony carries a prison sentence of two to twenty years. A person can be charged with a first degree felony if they have been convicted two or more times of a criminal offense related to child pornography or is in possession of 50 or more visual depictions of child pornography. A conviction can result in up to 99 years or life in prison.

Additional penalties can include:

• Supervised Release – Following a prison term, individuals may be subject to supervised release, during which they must comply with specific conditions set by the court and probation office.
• Registration as a Sex Offender – Convictions for child pornography in Texas offenses typically require individuals to register as sex offenders, which can have long-lasting consequences on various aspects of their lives, including where they can live and work.
• Restitution – Courts may order convicted individuals to pay restitution to victims depicted in child pornography images or videos, aiming to compensate them for any harm suffered.

Possible Defenses to Child Pornography Charges

Several defenses may be employed in child pornography cases to challenge the charges and protect your legal rights. These defenses may include:

• Illegal Search and Seizure—One of the most common defense strategies for these charges is contesting the evidence’s collection. If your Dallas child pornography lawyer can establish that unlawful search and seizure practices led to the evidence against you, the prosecution may be unable to use it.
• Lack of Knowledge/Possession – Providing evidence that establishes you had no knowledge of the possession of the materials can lead to the dismissal of your charges. You may have proof of your innocence based on unknowingly possessing illegal images due to viruses or shared computer use.
• Not a Child – Providing evidence regarding the age of the individual depicted in the material in question is a strong defense strategy if you can demonstrate the individual depicted was 18 or older.
• Entrapment – Entrapment is another possible defense for child pornography charges. Showing that the misconduct or coercion of law enforcement was the cause of your engaging in these illegal activities can undermine the prosecution’s case.
• Psychological Addiction – Although this is not a typical defense strategy, you can present evidence of a psychological addiction to help mitigate the severity of criminal charges. This evidence can offer context for behavior patterns and assist in illustrating underlying factors that contributed to the situation, which may influence the resulting penalties.

Defense attorneys can fight aggressively to show the state has failed to prove guilt beyond a reasonable doubt.

Contact an Experienced Criminal Defense Lawyer if You Are Facing Child Pornography Charges

An experienced criminal defense attorney at Broden & Mickelsen, LLP can help develop a strong defense for your case. We will fight diligently for a reduction or dismissal of your charges. If this is not possible, you can rely on our considerable courtroom experience for the aggressive legal advocacy you need to avoid the harsh penalties of a criminal conviction. Contact our team today for strategic legal guidance and advocacy to protect your rights and pursue the best possible outcome in your child pornography defense case.