Criminal Defense Sex Offenses
Child Pornography
Child pornography charges in Texas are prosecuted aggressively at both the state and federal level. Under Texas Penal Code § 43.26, it is a felony to knowingly or intentionally possess, promote, or distribute visual material that depicts a child under 18 engaging in sexual conduct. These charges carry severe prison sentences, mandatory sex offender registration, and life-altering consequences. If you are under investigation or have been charged, you need an experienced criminal defense attorney immediately.
Texas State Charges
Possession or promotion of child pornography under Texas law is a third-degree felony for a first offense, carrying 2 to 10 years in prison and a fine up to $10,000. Each image or video can be charged as a separate count. A second or subsequent offense is a second-degree felony (2–20 years). Promotion or distribution is charged more severely than possession.
Federal Charges
Child pornography cases are frequently prosecuted federally under 18 U.S.C. § 2252. Federal charges carry mandatory minimum sentences, typically 5 to 10 years for possession and 15 to 30 years for production or distribution. Federal sentences are served without parole. The involvement of the internet or interstate commerce triggers federal jurisdiction.
Sex Offender Registration
A conviction for child pornography in Texas requires lifetime sex offender registration. This imposes severe restrictions on where you can live, work, and travel, and your information is publicly accessible online. Registration requirements are strictly enforced and violations result in additional felony charges.
Digital Evidence and Investigations
Child pornography cases rely heavily on digital forensic evidence, including computer hard drives, phones, cloud storage, and internet records. An experienced defense attorney will scrutinize the legality of the search warrant, the chain of custody of digital evidence, and whether the material was knowingly possessed. Peer-to-peer network cases often involve complex technical issues that can be challenged.
Potential Penalties
- › 1st offense possession: 3rd degree felony (2–10 years prison
- › 2nd offense: 2nd degree felony (2–20 years prison
- › Federal possession: 5–20 years mandatory minimum
- › Federal distribution/production: 15–30 years mandatory minimum
- › Lifetime sex offender registration
- › Each image/video may be charged as a separate count
Possible Defenses
- › Unlawful search and seizure: challenging the warrant
- › Lack of knowledge: you did not know the material was on your device
- › Someone else had access to the device
- › Entrapment by law enforcement
- › Chain of custody issues with digital evidence
- › The depicted individual was not a minor
Frequently Asked Questions
Facing Child Pornography charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
Free Consultation(817) 808-2247Understanding the Cost of a Sex Offense Defense
Sex offense cases are among the most complex and resource-intensive in criminal law. Attorney fees are typically on par with murder and other serious felony charges a reflection of the time, preparation, and expertise required.
An effective defense often requires retaining outside experts: polygraph examiners, licensed psychologists for psychosexual evaluation, private investigators, and information technology professionals. These expert fees are separate from attorney fees and are the responsibility of the client.
Todd Rash will be straightforward with you about anticipated costs from your very first consultation.