What Are the Charges for Child Porn in Texas?
Child pornography in Texas is one of the more serious offenses for which you can be charged. One of the reasons is if you are convicted, placed on probation, or placed on deferred for this offense, you’ll have to register as a sex offender for your entire life. It’s really important in these offenses to look at all potential defenses. We need to look to see if there’s any way to get the case thrown out, reduced, or for them to charge you in state court instead of federal court. The reason for that is if you’re charged in state court, there’s much more leeway available in the penalty. In state court, it may be possible to get as little as two years, deferred adjudication, where you’re not convicted of the offense.
In federal court, they’re going to look at the number of images, the age of the person in those images, your criminal history, and they’re going to take all that information and come up with a guideline range for the judge. The judge will look at that and decide what should happen to you. Very often what happens in federal court is much greater than what would’ve happened in state court.
The other thing that can happen is that your lawyer will probably want to hire an expert to look at the computer, look at the hard drive and see if there’s any type of defense that might be available. Is there any way that you would not have known about the images? Is there any way that those images could’ve got on the computer without your knowledge? They’re going to look at this to see where those images are located. If the images are located in the free space of your computer, meaning areas that may have been deleted, that may allow some potential argument that you didn’t know about the images or it was mere temporary possession, that somehow those were sent to you and you deleted those images.
The fallacy that a lot of people believe is, if you’ve deleted an image, they are gone from the computer. They’re not. They’re still there until they’re overwritten. What will happen is the FBI will take your computer hard drive and they’ll run it and look at it, and even the images that have been deleted will count against you. It’s really important to get somebody to look at your hard drive to give us some idea if there’s any way those images could’ve got on the computer without your knowledge.
Were you or a loved one charged with a sex crime and have questions about child pornography charges? Contact a San Antonio sex crime lawyer at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.
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