Under Texas law, every count of possession of child pornography will generally be charged as a third-degree felony offense. Penalties for third-degree felonies in Texas range from two to ten years (section 12.34(a) of the Texas Penal Code. See Tex. Penal Code Ann. § 12.34).
As defined by Texas Penal Code Ann. § 43.26(a), (d), we can see that a person commits the offense of possession of child pornography if:
- They knowingly or intentionally possess virtual materials that depict a child younger than 18 years of age at the time the image of the child was made; and
- The person knows that the material depicts the child as described above
Additionally, there are other charges related to child pornography in Texas that a person could face. This includes the following:
- Employing a minor. This includes forcing, coercing, or trafficking a person under the age of 18 to produce child pornography. This will be considered a second-degree felony offense in Texas, punishable by two to 20 years in prison as well as a fine of up to $10,000. If the victim in the case is under 14 years of age, this charge will be a first-degree felony punishable by five to 99 years in prison.
- Production in the promotion of child pornography. Any person knowingly involved in filmmaking, production, photography, or the promotion of child pornography could face a third-degree felony punishable by two to 10 years in prison. If the victim is under the age of 14, this will be considered a second-degree felony offense punishable by two to 20 years in prison.
- Possession of child pornography with the intention to distribute it. If a person is found with more than six identical pieces of child pornography, it could be assumed that the person had the intention to distribute the material. This will be considered a second-degree felony punishable by two to 20 years in prison.
In addition to the penalties mentioned above, a person convicted of any of these offenses will be required to register as a sex offender. This will result in the convicted person’s information becoming part of the public record that can be accessed by anybody conducting a search on the Internet. This will include information about where a person works, lives, vehicles they drive, a photograph, and various other personal information.
It is important to note that all of the offenses described above are specific to Texas law. Anytime trafficking or distribution crosses state lines, a person could very well be charged with a federal crime.
