Distribution of Child Pornography

Visual depictions of a child engaged in sexual activity or contact is defined as child pornography under the Texas Penal Code. Individuals who are found to be possession of or distributing child pornography content of any kind will be prosecuted under either State or federal law. Since child pornography crimes is an offense against children and is classified as a sex crime, the penalties for distributing or transmitting child pornography are incredibly harsh. If convicted, an individual could be sentenced to years in State or federal prison and be registered as a sex offender for years—or in some cases life.

The consequences for a child pornography crime could potentially derail a person’s life. That is why it’s vital you secure legal representation if you’ve been charged with a child pornography-related crime including transmitting or distributing material. To learn more about the crime and speak to a qualified sex defense lawyer, call the legal team at The Law Office of Jackson F. Gorski.

Austin Child Pornography Defense Attorney | Texas Law Firm

Mere allegations of possessing or distributing child pornography could disrupt a person’s life indefinitely. That is why we highly encourage you to contact The Law Office of Jackson F. Gorski if you’ve been arrested or are under investigation for a child pornography-related crime. Jackson F. Gorski has defended numerous people of sex-related crimes including sensitive offenses related to children. He has the resources, skills, and knowledge needed to fight for your freedom.

Schedule you first consultation with The Law Office of Jackson F. Gorski by calling our firm at 512-960-4646. The Law Office of Jackson F. Gorski has two locations one in Georgetown and the other in Austin, Texas. We also accept clients throughout the greater Travis County, Williamson County, Bell County, Bastrop County, Lee County, Milam County, Hays County, Caldwell County, Burnett County, and Blanco County area.


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Texas Penal Code Definition of Child Pornography

Any possession of, distribution of, or promotion of child pornography in any form—including video, photo, images, live performances—is illegal under State law. The Texas Penal Code Section 43.26 defined child pornography as any visual material depicting a child engaged in a type of sexual conduct. Please note, the term “sexual conduct” refers to any actual or simulated sexual act conducted on another person or persons.

In order to convict a person of distribution, the prosecution must prove the defendant committed the crime beyond a reasonable doubt. The Penal Code states that the State attorney must prove several elements and meet the burden of proof in order to convict a person of a crime. The elements for distribution or transmission of child pornography include:

  • The defendant is guilty of distribution if:
    • They knowingly or intentionally promote or possess with intent to promote any visual material that visually depicts a child younger than 18 years old and the child was engaged in sexual conduct. The material can be:
    • Any film, photograph, negative, videotape, or slide of any photographic reproduction that contains or incorporates in any manner any film, videotape, photograph, negative or slide; or
    • Any disk, diskette, or other physical medium allowing an image to be displayed on a computer or other video screen and any image transmitted to a computer other video screen by telephone line, cable, satellite transmission, etc.

Take note, the term “promote” as defined under the Penal Code states any attempt to manufacture, issue, procure, sell, give, provide, lend, mail, transfer, transmit, publish, deliver, circulate, disseminate, present, exhibit, distribute, or advertise or to offer or agree to do any of the above actions.


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Penalties for Distribution of Child Pornography

Transmitting or distributing material defined as child pornography is illegal under the law. This legislation also applies to the act of “sexting,” which is where one person sends nude/illicit photos to one another. If one person involved in this exchange is under the age of 18 and the other is an adult, then the conversation could be considered criminal. In some cases, even minors engaging in the act of sexting can be charged with a crime.

Any electronic distribution of child pornography is a class C misdemeanor under Texas law. The penalties for a class C misdemeanor include a fine of up to $500. The crime is enhanced to a class B misdemeanor if the prosecution can prove the following:

  • The visual material was promoted to annoy, alarm, abuse, embarrass, harass, torment, or offend another person intentionally; or
  • The defendant has a previous conviction related to child pornography

A class B misdemeanor can result in:

  • Up to 180 days in jail
  • A fine of up to $2,000

Defendants who have been convicted of two or more child pornography-related crimes will face a class A misdemeanor instead. The maximum sentence one can face for a class A misdemeanor includes up to 12 months in jail and a fine of up to $4,000.


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Additional Resources

Child Pornography Laws in Texas – Visit the official website of the Texas Legislation to find more information surrounding child pornography laws. Access the site to learn the elements, admissible defenses, and other important information.

Child Rescue Coalition – Visit the official website for the Child Rescue Coalition, which is a non-partisan and nonprofit that partners with child exploitation officers, forensic experts, prosecutors and child welfare agencies to reduce child pornography crimes nationwide.


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Travis County Child Pornography Lawyer, TX

Were you accused of possessing, producing, or transmitting child pornography? If so, contact the experienced legal counsel at The Law Office of Jackson F. Gorski. Attorney Gorski can assess the facts and formulate a defense based off the facts of the case. He understands how devastating these accusations can be for your standing in the community—which is why he will work tirelessly to fight for your rights and freedom.

Call The Law Office of Jackson F. Gorski today at 512-960-4646 or simply submit an online contact form. The Law Office of Jackson F. Gorski has offices in Georgetown and Austin, Texas.


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