How Possession vs. Promotion of Child Pornography Charges Differ in Texas

Widespread police sex sting operations snare many people from all walks of life on a regular basis.

If you or a loved one face a charge for child pornography, it’s important you understand the different charges for possession versus promotion of child pornography.

First, you should know that child porn is considered any sexually explicit material on the Internet — videos, photographs or other images — featuring a minor or a child. Under Texas law, anyone under 18 is legally a child. Possessing such material is illegal, as is promoting or distributing such material to others.

Texas and federal laws can both apply to possession and promotion of child porn. In fact, you could face both Texas and federal child porn punishments for the same offense, with each charge being tried in different courts (state court in Texas and U.S. District Court).

Since we’re in Texas, let’s assess this state’s child porn laws first.

Texas Child Porn Laws

Texas law designates possession of child pornography as a third-degree felony. That can bring punishment of two to 10 years in prison and a fine of up to $10,000.

Convicted persons may also be required to register as a sex offender for the rest of their life. This may result in the loss of a job, damaged social status, reputation, and even the right to live where they please.

For promotion of child pornography (also known as distribution of child pornography), this offense rises to a second-degree felony in Texas. Punishments include two to 20 years in prison and a fine of up to $10,000.

The charge and punishments increase yet again in cases where the child depicted in the porn is under 14 years old. Then, the charge is elevated to a first-degree felony, and the punishment for that sex crime is a sentence of five to 99 years in state prison and a fine of up to $10,000.

Federal Child Porn Laws

Remember that federal child porn laws can also apply on top of state punishments. Federal laws and penalties broaden to incorporate the following criminal offenses:

• Production of child porn — bringing punishments of high fines and 15-30 years in prison for a first-time offender
• Transporting child porn in interstate or foreign commerce — high fines and five to 20 years in prison
• Offenses involving “aggravated” child porn, which means material of a sadistic or violent nature — life in prison

Many more federal laws can apply to other offenses involving child porn, such as using the U.S. Postal Service to transport child porn.

Keep in mind that possessing child porn on your computer or other device isn’t protected by federal law under the right to free speech in the First Amendment to the Constitution. The First Amendment is not a viable defense in child pornography cases.

As you can see, a charge of possession or promotion of child porn is very serious, whether it involves federal or Texas sex crimes. If you need a child pornography defense against a Texas or federal child porn charge, contact our law firm today. We will quickly provide you a confidential legal review of your case.