San Antonio Distribution of Child Pornography

San Antonio Distribution of Child Pornography

The possession and distribution of child pornography are illegal under both state and federal law, and authorities aggressively pursue investigations related to child porn. In addition, both state and federal prosecutors often seek severe penalties for people who are charged and ultimately convicted of child pornography. In many cases, people who are convicted are subject to mandatory minimum prison sentences and are required to register as sex offenders for the rest of their lives.

If you believe you may be under investigation or are already facing child pornography charges, it is imperative that you do everything you can to protect your legal rights, starting with calling an experienced San Antonio criminal defense lawyer as soon as you can. An attorney can protect your rights during the investigation process, after you have been charged, and at trial. In addition, in many cases, a lawyer can negotiate a favorable plea bargain that may avoid the most serious penalties you are facing.

Penalties for Distribution of Child Pornography

The penalties for the distribution of child pornography are severe. Importantly, a conviction for any crime related to child porn can permanently alter the course of your life and make it difficult to rejoin society, even after your court-mandated sentence has ended.

Under Texas law, a first offense for the promotion of child pornography (which includes distribution) is guilty of a 2nd-degree felony, which can result in:

  • Up to 20 years in prison
  • Fine of up to $10,000

Importantly, people who are convicted of distributing child pornography must also register as sex offenders with the state. This means that your picture, name, address, and details of your crime will be accessible to the general public in an easily searchable internet database. In addition, sex offenders are subject to restrictions regarding where they can live and work. The collateral consequences of a conviction for the distribution of child pornography can be harsh, and often include:

  • Difficulty renting an apartment
  • Problems getting a job
  • Being shunned or ostracized by your family, friends, and neighbors
  • Damage to your reputation in the community

With so much on the line, it’s imperative that you contact a San Antonio criminal defense lawyer immediately if you are facing allegations of the distribution of child pornography.

Defenses for Distribution of Child Pornography

If you are under investigation for the distribution of child pornography or have already been charged, it’s important to keep in mind that there may be defenses available. For example, under the statute, it would likely not be against the law to distribute materials depicting children if “the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose.” In addition, you may have a defense if you can show that you did not know that the individual depicted in the material was under the age of 18.

In many cases involving the alleged distribution of child pornography, it is possible to challenge the way in which the police obtained the material a person is accused of promoting. Under the 4th Amendment of the United States Constitution, the police are prohibited from searching and seizing property without a warrant, unless an exception applies. If the law enforcement violates this rule, any evidence they gathered could potentially be suppressed, meaning it cannot be used against you in court.

Determining whether the police violated your constitutional rights during an investigation or arrest is a complicated legal question. You should never assume that the police have caught you red-handed and that your only option is to plead guilty to the charges against you. An experienced attorney can review the facts surrounding your investigation and determine whether your rights were violated. If they were and the evidence against you is thrown out, it may result in the dismissal of your case, allowing you to move forward as if nothing ever happened.

In the event that there are no defenses available in your case, a skilled lawyer may be able to negotiate a favorable plea agreement with the prosecutor handling your case. A plea agreement involves pleading guilty to lesser charges or in return for the prosecutor recommending the judge impose a lenient sentence. In many cases, plea agreements are attractive to defendants because it gives them some security and control over the outcome. Juries are notoriously unpredictable, and defendants that go to trial and are adjudicated guilty often receive much harsher sentences than they would have had they accepted a plea bargain. The decision to accept a plea bargain and plead guilty depends on a number of factors, including the strength of the case against you, the potential sentence you are facing, and your own level of risk tolerance

Call Us Today to Speak with a San Antonio Criminal Defense Attorney

Attorney Patrick Hancock is a San Antonio criminal defense lawyer with more than three decades of experience protecting the rights of the accused. If you are under investigation for child pornography or are already facing criminal charges, call our office today.  To schedule a consultation with Mr. Hancock, call our office today at (210) 223-8844 or send us an email through our online contact form

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