Can Porn Put You in Prison in the State of Texas?

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If you are found guilty of being engaged in any type of possession, distribution, or recording of child pornography, you could face a broad range of criminal penalties including time in jail. The penalties you face depend on several different factors including the type of charge with which you have been accused, the type of crime and the age of the individual involved.

Do I Really Need a Lawyer for a Child Pornography Charge?

Child pornography is a serious sex crime and it is prosecuted this way in Texas. You may be charged with possession of child pornography if you have knowingly possessed any visual material depicting a child less than 18 years of age engaged in any type of sexual conduct. It is also illegal to record, photograph, videotape, transmit or broadcast any visual images of a child without that child’s consent and for the purposes of sexually gratifying another individual.

You may also be charged with sexual performance of a child if you have authorized, induced or employed an individual under the age of 18 to engage in sexual performance or sexual conduct. Texas statutes outline the definition of and consequences for child pornography charges.

Penalties Associated with Child Pornography Charges in Texas

Child Pornography Possession

If you have been charged with child pornography possession in Texas, this is typically classified as a third degree felony that carries a possible prison sentence of between 2 and 10 years. You may also be looking at a fine of up to $10,000. Your charges may fluctuate based on the amount of child pornography in your possession.

Intent to Promote Child Pornography

If you have more than five identical depictions of a child, you could be facing charges under intent to promote child pornography to others. This is classified as a second degree felony punishable by between 2 and 20 years in prison and a possible fine of up to $10,000.

Improperly Videotaping or Photographing a Child

If you have improperly videotaped or photographed a minor, this is a state jail felony and could lead to a jail sentence from between 180 days to two years and a possible fine of up to $10,000.

Sexual Performance of a Child

Sexual performance of a child is typically classified as a second degree felony, punishable between 2 to 20 years in jail and a fine of up to $10,000. This may also be escalated to a first degree felony if the minor involved was under the age of 14. A first degree felony in the state of Texas could lead to a minimum of five and a maximum of 99 years in prison and a potential fine of up to $10,000. In the event that you have been accused of child pornography in Texas, this could have significant repercussions for your reputation, your employment opportunities and your future. Consulting with a Houston criminal defense attorney as soon as possible after you have been accused is strongly recommended.

2016-11-22T14:17:49+00:00July 23rd, 2016|