Child Pornography Lawyers in Dallas

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 between five and twenty years if the offender is found guilty of transporting the child pornography material, or between 15 to 30 years for producing child pornography. In addition, if convicted, the defendant may have to register as a sex offender.

What cannot be overlooked, however, is the indefinable but significant drop in social reputation. Even if the government makes an egregious mistake of identity and the defendant is innocent, the defendant will still have troubles with future employment prospects and social standing. If convicted, the defendant will have to deal with limited housing prospects, limited ability to attend or engage in your own child’s activities, and much more.

If you are facing child pornography charges, you are in for a long, hard battle that if won will be worth every penny and ounce of energy. We recommend you contact an experienced Dallas sex crimes defense lawyer who has successfully fought these types of charges. Our associates are standing by to take your call at (214) 238-9392.

Defenses to Child Pornography Charges

Child pornography is generally a knowledge-based crime, which requires defendants to only know of its existence. In addition, 18 U.S.C. § 2252 (c)(1) specifically builds affirmative defenses into the law. If the defendant had “less than three matters” (pictures, movies, etc.) and “promptly and in good faith” deleted the picture, this may act as an offense.

Certain federal circuits define “possession” less strictly than law enforcement. The eighth circuit noted that a person cannot be found guilty because they have only looked at an image through a web browser and it was then saved on the computer’s cache. The image must have been downloaded. Many other defenses exist; these are but a few.

If you have been falsely accused of child pornography charges in Texas, our team of sex crime defense attorneys know how to dig you out of the hole you’re in. Give us a call as soon as possible so we can begin building your defense. Whether you were mistaken for another person or are a victim of entrapment or a sloppy sting operation, we can help. Our team of Dallas sex crime defense lawyers know how to uncover the truth.

Identification of Victim

In 2002 the United States Supreme Court decided Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002). Here, the high court struck down a law making illegal, among other things, simulated images of children. In some cases, this allows defendants to argue that the image in issue is not actually a depiction of a child being sexually abused, but rather a computer generated image.

Law enforcement has responded to this by creating a center the “Child Victim Identification Program” where newly identified victims can be located and identified. Each photo or movie is reviewed for identifying clues that would help the analyst with a better understanding of where the child is at, so as to remove him/her from the abusive situation.

Contact a Trusted Sex Crimes Attorney in Dallas

If you or a loved one are facing federal child pornography charges, military criminal charges, or even state criminal charges in Texas, you need an experienced criminal defense lawyer. Patrick J. McLain has extensive experience in federal criminal cases like child porn, and is currently accepting clients.

Consultation are confidential, and we answer our phones 7 days a week, 24 hours a day for emergencies. Get in touch with our office at (214) 238-9392 for representation in Dallas, Texas.