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In Texas, crimes related to child pornography are spelled out in Section 43.26 of the state’s Penal Code. Under Texas law, a person commits a child pornography crime when he or she “knowingly or intentionally possesses visual material that depicts a child younger than 18 years of age engaging in sexual conduct.” A child pornography offense can also include promotion of child pornography if there are six or more identical images found in a defendant’s possession. Pornographic content is available in many forms, including:
Those who are wrongly accused should seek counsel from a seasoned Houston defense attorney who can offer a strong defense against those charges. Call the Law Office of Shahin Zamir today at 713-223-8900.
Child pornography can either be a federal or state offense, depending on the circumstances. If the objectionable material has been moved across state lines, the party responsible for the images will most likely be charged by federal agents. When child pornography is distributed via the Internet, this may also result in federal charges. These accusations come about after an individual’s computer is seized, and a forensic analysis is completed. In either instance, both federal and state law enforcement officers are likely to be involved in an investigation.
When child pornography is prosecuted by the State of Texas, it is usually classified as a third-degree felony if one is charged with possession, but it can quickly become a second-degree felony if an individual is deemed to promote child pornography, as well. This may result in serious sanctions that include:
Similar sanctions are invoked in the federal court system. Parole, however, is not an option for those who are sentenced to federal penitentiaries. During an offender’s stay in prison, he or she might receive harsh treatment from other inmates or be forced to attend mandatory counseling sessions.
Those who have been accused of a crime related to child pornography face a tough battle in the Houston courtrooms. The best course of action they can take is to call an experienced criminal defense lawyer like Shahin Zamir. Attorney Zamir makes sure his clients’ rights are not violated and that police do not overstep their bounds when serving search warrants to obtain pornographic material.
If you have recently been accused of child pornography, contact the Law Office of Shahin Zamir today at 713-223-8900.