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Accidental Child Pornography Access in Texas: The Consequences

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With technology rapidly advancing, it’s safe to say that many times, individuals aren’t fully aware of all of its capabilities. As an internet user in 2020, the world is quite literally at your fingertips.

We live in a world where with the click of a button, you can download a complete series of your favorite TV show, movie, or album from your favorite band.

However, with this power comes many downsides. One of which is the chance of unknowingly accessing child pornography, which can have a plethora of lasting negative legal implications.

Accidental Access

Let’s say you’re looking for a new show to watch for the night. You begin browsing the web, and you come across something you like. You begin to download the content, and suddenly, you’re redirected to a page containing child pornography.

You instantly close your web browser and shut off your computer. However, you’re constantly plagued by the thoughts that you’re now being tracked by local police and could face serious consequences.

The Internet in 2020

The internet is an extremely large place where you can find an endless amount of content. While there’s content that’s properly labeled, there’s also an abundance of content that’s mislabeled with the malicious intent of incriminating users.

Because of this, it is crucial for you to work with an experienced Dallas criminal defense attorney to prove your innocence following the accidental access of child pornography.

The following things are taken into consideration when defending such charges:

  • How long was the viewer on this particular website?

  • Were any of the links, files, or downloads distributed or sent to other individuals?

  • Was the content being accessed by the owner of the personal computer, or was someone else using it?

  • Do you have roommates or other individuals living at your home?

Texas Child Pornography Laws

Texas has a stern view on child pornography and has many laws in place to penalize guilty parties. The state penalizes both possession and promotion of child pornography, with promotion being the more serious of the two.

Possession of Child Pornography

Possession of child pornography in Texas is a third-degree felony that is punishable by up to 10 years in prison. One accused of such crimes may face additional charges, such as the intent to promote child pornography, which becomes a much more serious offense.

Distribution of child pornography and possession of numerous images or files will also add additional penalties.

Promotion of Child Pornography

When you hear the phrase promotion, you likely imagine someone promoting child pornography with the intention to drive public awareness with the goal of increasing sales.

Yes, some individuals do this and face severe charges for doing so. But an individual can face child pornography promotion charges for much less.

In Texas, being charged with the promotion of child pornography only requires you to possess no less than six explicit files or images of a single child.

Possessing at least six images of files of the same child, regardless of the reason, leaves you subject to second-degree felony charges, which can exponentially increase the severity of your penalties. Additionally, if you’re found sharing or selling said images with another person, the charges will increase further.

A Trusted Team Can Help

At The Law Office of Patrick J. McLain, our team of trusted criminal defense attorneys has been fighting to defend our clients’ rights for countless years. We understand the worries you may be experiencing following receiving the news of your unexpected criminal charges.

Don’t let your life change because of a crime you didn’t commit. Our team can help protect your rights.

Call our team today (214) 238-9392 to learn more. We’re available to speak 24/7.

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