Possession of Child Pornography

The topics of pornography and sex crimes, in general, tend to strike a chord, especially when children are involved. It is a sensitive topic, which requires tact, discretion, and a somber approach from a defense lawyer if an individual is facing criminal charges of this nature. One of the most common sex crimes that can result in harsh fines and imprisonment is possession of child pornography.

In many cases, the legal and social ramifications alone of such allegations, whether charged and/or convicted or not, can devastate the accused’s life on many levels and last a lifetime. The stigma attached to charges of this nature is long-standing and hard-to-escape, regardless of whether the allegations are true or not. In cases such as these, it’s important that individuals accused of sex crimes involving the possession of child pornography, and other related infractions understand the charges levied against them, as well as all the ramifications associated with these offenses.

Texas Possession of Child Pornography Lawyer, Austin

If you have been arrested for child pornography possession in Texas, your best defense for fighting these life-altering charges and/or allegations like this is to secure legal representation that will help you come out on the other side in freedom. Austin sex crimes lawyer Jackson F. Gorski at The Law Office of Jackson F. Gorski is skilled in criminal defense and deals with sex crimes on a frequent basis.

Child pornography cases are very sensitive in nature and must be handled with great care. Having an experienced, qualified attorney who can vigorously defend your rights will be invaluable. If you reside in Travis County, Bell, Bastrop, Lee, Williamson, Milam, Hays Burnett, Blanco, or Caldwell, TX, contact The Law Office of Jackson F. Gorski at 512-960-4646 to secure a free, confidential consultation immediately.


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Information Center


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What is Possession of Child Pornography?

Texas law criminalizes all acts involving child pornography, including the possession or promotion. According to the Texas Penal Code 43.26, an individual can be charged with possession of child pornography if he or she knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct. “Visual material” is defined by the statute as:

  • Film
  • Photograph
  • Videotape
  • Slide
  • Disk
  • Diskette
  • Other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method

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Penalties for Child Pornography in TX

Child pornography may carry a variety of penalties that range from probation to felony charges, but nearly every person who is convicted of the offense will be required to register as a sex offender, especially when multiple offenses are committed.

In addition to the ostracism and shame associated with the societal taboo of being a child predator, offenders face several years in prison, and depending on the circumstances involved, federal charges. Possession of child pornography is a commonplace charge associated with internet sex crimes which includes sexting, possession of child pornography, and/or distribution of child pornography.

Under Texas law, possession of Child Pornography is classified as a third-degree felony. If convicted of the offense, the defendant will be punished with a prison sentence ranging from 2-to-10 years in a TDCJ operated prison facility and held liable for a fine of up to $10,000.

It’s important to note that Texas law increases penalties for those who have been convicted of child pornography possession previously. Possession of child pornography is classified as a second-degree felony if the defendant has been convicted one time. However, the crime is enhanced to a first-degree felony if the defendant has been previously convicted two or more times.

If you or a loved one were charged with possession of child pornography, Austin criminal defense lawyer Jackson F. Gorski can and will help you with your case.


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Promotion of Child Pornography in Texas

The penalties for promoting child pornography are as harsh as possessing it. Texas Penal Code 43.26 defines promotion of child pornography as knowingly or intentionally promoting or possessing with intent to promote material.

The crime is classified as a second-degree felony unless the individual has been convicted of the offense previously. If the defendant has a prior conviction for promotion of child pornography, the offense is enhanced to a first-degree felony. Under Texas law, second degree felonies are punishable by up to 20 years in prison and up to $10,000 in fines. First degree felonies carry from 5 to 99 years in prison and up to $10,000 in fines.


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Additional Resources

Texas Penal Code: Possession of Child Pornography – Access the official website for the Texas Penal Code to read section 43.26 which discusses possession or promotion of child pornography. The webpage defines the offense and lists certain definitions related to the term.

US Department of Justice: Child Pornography – Follow the link provided to visit the official website for the United States Department of Justice. The site offers general information on child exploitation. Access the page to read what constitutes child pornography.


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Possession of Child Pornography Lawyer, Austin, TX

If you have been arrested for possession of child pornography in Austin, your best option is to secure legal representation immediately. Criminal defense attorney Jackson F. Gorski is an experienced Austin sex crimes lawyer that’s always willing to help a person that’s been accused of a serious felony. With a history of obtaining favorable results for his defense clients, he knows what it takes to secure a reduction or dismissal of charges.

Working with an experienced child pornography attorney may be the difference prison time and sex offender registration Contact The Law Office of Jackson F. Gorski at 512-960-4646 to secure a free and confidential consultation with sex crimes defense lawyer Gorski today. The Law Office of Jackson F. Gorski serves clients in Austin, TX and nearby areas including Georgetown, Lockhart, Kyle, Round Rock, Anderson Mill, Cedar Park, San Marcos, Seguin, and Canyon Lake.


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