Houston Child Pornography Defense Lawyer

You may be shocked to learn that you are under investigation for possession of child pornography. You may have no idea how such material got onto your computer and you may be appalled that you have been labeled as a potential sex offender. Your reputation and your freedom are at stake: act quickly and contact a Houston sex crimes attorney for the best defense strategy.

If you have been questioned about child pornography on your computer or if you believe you are being investigated for this type of computer crime, talk with an experienced Houston possession of child pornography defense attorney who can protect your rights and good name. Call the Law Office of David Breston at 888-220-4040 today or contact us online.

How Can David Breston Help With Your Possession of Child Pornography Defense In Houston?

David Breston Has Been Fighting For Clients in Houston Since 1997 With over 4000 clients represented

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

Texas Criminal Defense Lawyers Association, 1997 – Present | Member
National Association of Criminal Defense Lawyers Association, 1997 – Present
American Immigration Lawyers Association, 2004
Harris County Criminal Defense Lawyers Association, 1997 – Present

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I hired David to represent me in a aggravated assault with a deadly weapon case and to make a long story short he and his staff assisted in getting everything dismissed. I am thankful I made the right choice by choosing him.

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What is Texas’ Child Pornography Law?

Under Texas law, child pornography is defined in the Texas Penal Code, Section 43.26 and related sections. The law specifically addresses the possession, promotion, and production of material that visually depicts a child engaged in sexual conduct. Child pornography, referred to as “child sexual abuse material” in Texas law, is defined as any visual material that:

Depicts a Child, Under 18 Years Old, Engaging in Sexual Conduct:
- The material must show a child (under the age of 18) engaged in sexual conduct.
- “Sexual conduct” includes:
  - Sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal).
  - Deviate sexual intercourse.
  - Sexual bestiality.
  - Masturbation.
  - Sadomasochistic abuse.
  - Lewd exhibition of the genitals, anus, or any part of the female breast below the top of the areola.
Visual Material:
- This includes photographs, films, videos, digital images, or any other visual representation that depicts a child engaged in sexual conduct.
Knowingly Possessed or Promoted:
- The person must knowingly or intentionally possess, access, promote, or distribute the material.

Texas Possession of Child Pornography Penalties

Possession of child pornography is treated as a serious felony offense, and the penalties depend on the specific circumstances of the case. Here’s a detailed breakdown of the penalties:

Possession: Third-degree felony (2–10 years in prison, up to $10,000 fine).
Promotion: Second-degree felony (2–20 years in prison, up to $10,000 fine).
Production: Second-degree felony (or first-degree felony if the child is under 14, punishable by 5–99 years or life in prison).

A conviction for child pornography requires the offender to register as a sex offender for life. This registration imposes significant restrictions on where the offender can live, work, and travel.

First Offense

Facing a charge for the first time can feel terrifying, especially when the consequences are this serious. In Texas, possession of child pornography is charged as a third-degree felony, which means you could be looking at 2 to 10 years in prison and up to $10,000 in fines. Even if you have never been in trouble before, the court will still treat the case with extreme gravity.

In addition to the prison sentence and fine, you would also be required to register as a sex offender if convicted. This registration requirement follows you long after any sentence is complete and can impact everything from housing to employment.

Second Offense

If you have a prior conviction and are arrested again, the penalties become even steeper. A second offense is typically charged as a second-degree felony, which raises the potential prison time to 2 to 20 years. That added time reflects how seriously Texas treats repeat allegations in these cases.

Courts are also more likely to impose a prison sentence on a second offense, even if you did not serve time the first time around. Judges often take a tougher stance when someone has been through the system before.

Third or Subsequent Offense

If this is your third time facing a charge for possession of child pornography, you are likely feeling scared, overwhelmed, and unsure of what comes next. Under Texas Penal Code § 43.26, the charge can be elevated to a first-degree felony, which means you could be looking at anywhere from 5 years to life in prison. That is a massive jump, and the stakes are higher than ever.

You should also know that a third charge makes it more likely the federal government will get involved. If anything in your case involves file sharing, cloud storage, or online transmission, federal prosecutors may step in with their own set of charges, consulting a federal criminal defense attorney in Houston early can make a critical difference.

Federal vs. State Child Pornography Charges

You might be wondering whether your case will stay in Texas court or get picked up by the feds. Here is the general rule: state charges usually apply when files are stored locally or downloaded, but the federal government often steps in if there’s proof that images were sent, received, or stored online in a way that crossed state lines.

If you used cloud platforms or file-sharing apps, federal charges may be a real possibility. Federal cases are different in a lot of ways, especially when it comes to sentencing. You may face mandatory minimum prison time and stricter rules if your case goes that route.

Possible Defense Against Child Pornography Charges

Lack of “Knowing Possession”

In these cases, the prosecution has to prove that you knew the material was on your device. With today’s technology, it is surprisingly easy for files to end up on a phone or computer without your knowledge. Maybe you clicked a bad link, used a shared device, or opened a website that triggered an automatic download. That does not mean you intended to possess anything illegal.

The law only applies if you intentionally or knowingly had the material. If something was saved to your cache or downloaded in the background without your awareness, that matters.

Violations of Rights During the Search or Arrest

Police do not get a free pass just because the charges are serious. They still have to follow the rules when it comes to searching your property or seizing your devices. If they skipped over the warrant process, searched beyond what the warrant allowed, or pressured you unfairly during questioning, that could be a big deal.

The Texas Code of Criminal Procedure Article 38.23 says that evidence collected in violation of your rights is not supposed to be used in court. We will go over every step of the investigation to see if your rights were violated. If they were, we would push hard to get that evidence thrown out.

Files Were Automatically Downloaded or Accidentally Accessed

With autoplay settings, pop-ups, or links that lead somewhere unexpected, it is easy for something inappropriate to get saved without you realizing it. That is not the same thing as seeking it out.

Our firm works with digital experts who can investigate how the files ended up on your device. If you never opened, shared, or even saw the material, we will make sure that gets brought to light.

How Law Enforcement Investigates Child Pornography Cases in Texas

Many Investigations Begin With Flagged IP Addresses or NCMEC Tips

Your internet activity might be flagged through automated tools used by tech companies or law enforcement. When something triggers a red flag, it may be reported to the National Center for Missing and Exploited Children (NCMEC). From there, the information is forwarded to local or federal agencies for follow-up.

Sometimes the report involves file-sharing activity linked to your IP address. However, an IP address alone does not prove who did what. If you share the internet with others, use public Wi-Fi, or had malware installed on your system without your knowledge, that makes a big difference.

Search Warrants, Subpoenas, and Data Requests From Internet Providers

Once an agency has a tip or a lead, it usually moves quickly to gather more information. This could involve a subpoena to your internet service provider for account details or location data. In more serious cases, investigators might request a full search warrant, allowing them to seize your devices or even enter your home.

Even undercover stings or file-sharing networks can be used to bait individuals into downloading illegal material. Mistakes happen, however, and when they do, you need aggressive representation. A download may have been automatic, or you might not have known what a file contained until after it was on your system.

What You Should Know About Forensic Computer Analysis

Once law enforcement has your phone, laptop, or tablet, they typically send it to a digital forensics team. These professionals use software to dig into everything, from file timestamps and metadata to browsing history and cached content. Just because something was on your device does not mean you put it there or knew it was there.

For example, someone might have sent you a file you never opened, or a site might have downloaded material without your knowledge. A forensic analyst will still flag those files.

Careful Investigation and Dedication to Your Child Pornography Possession Defense

Possession of child pornography is a serious computer crime that often involves the use of e-mail and file sharing. Child porn crimes may also involve accidental downloads or mistaken identity if the computer is shared by multiple users.

Attorney David Breston carefully examines the evidence against you and looks at issues such as:

Who else had access to your computer?
Did another user download or view child pornography on your computer and you were falsely accused?
Is there evidence that the material in question was accidentally downloaded or sent to you in a spam e-mail?
Is the material “lewd” under the law’s definition for child pornography?
Is the child porn actually a real depiction of a minor child, or is it simulated?
Does the evidence suggest you were only in possession, or does it suggest the distribution of child porn to others?

Legal Representation Without Judgement

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence for possessing child pornography.

For experienced defense against possession of child pornography charges, please call the Law Office of David Breston at (713) 224-4040 or contact us online for a free confidential consultation.