SAN ANTONIO SEX CRIME ATTORNEY – DISTRIBUTION OF CHILD PORNOGRAPHY

POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY DEFENSE LAWYER IN SAN ANTONIO, TX - LAW OFFICES OF PATRICK L. HANCOCK

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.

FAQ - SAN ANTONIO SEX CRIME DEFENSE LAWYER FOR CHILD PORNOGRAPHY DISTRIBUTION

The information provided here is general and does not constitute legal advice. For specific legal concerns, please speak with an experienced attorney about your case.

WHAT IS CONSIDERED CHILD PORNOGRAPHY IN TEXAS?

In Texas, child pornography is defined as any visual depiction that involves a minor engaged in sexual conduct. This includes photographs, videos, or any other form of media showing a child under the age of 18 participating in or simulating sexual acts. Possession, creation, or distribution of such material is illegal and carries severe penalties under Texas law.

As a seasoned San Antonio sex crime attorney, the Law Offices of Patrick L. Hancock understands the complexities surrounding these charges. Texas law treats child pornography cases with the utmost seriousness, often resulting in lengthy prison sentences, fines, and mandatory sex offender registration upon conviction. If you are facing charges related to child pornography, it's critical to consult with a knowledgeable sex crime defense lawyer immediately.

Understanding what constitutes child pornography is the first step in mounting a strong defense. The laws in Texas are stringent, and even unintentional possession can lead to serious legal consequences. A qualified sex crime lawyer can help you navigate these challenges, working to protect your rights and future.

WHAT IS THE DIFFERENCE BETWEEN POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY?

The difference between possession and distribution of child pornography lies in the level of involvement with the illegal material.

Possession: Simply having child pornography on your device or in your possession is a crime under Texas law. This can include files stored on your computer, phone, or other electronic devices.

Distribution: This charge is more severe and involves sharing or transmitting child pornography to others. Distribution can occur through various means, such as email, social media, file-sharing platforms, or even physical distribution.

Both possession and distribution are serious offenses, but distribution typically carries harsher penalties due to the wider impact it can have. As a San Antonio criminal defense attorney, the Law Offices of Patrick L. Hancock is experienced in handling both types of charges. Our firm meticulously examines the evidence and circumstances surrounding your case to develop a defense strategy tailored to your specific situation.

A skilled sex assault defense lawyer understands that the difference between possession and distribution can be critical in determining the outcome of your case. By leveraging our expertise, we aim to reduce the charges or even secure a dismissal, depending on the evidence presented.

CAN I BE CHARGED WITH CHILD PORNOGRAPHY DISTRIBUTION FOR ACCIDENTALLY SHARING AN IMAGE?

Yes, in Texas, you can be charged with child pornography distribution even if the sharing was accidental. The law does not require intent to be proven for distribution charges, only that the material was indeed shared. This can happen through accidental emails, unintended file-sharing, or even through viruses or malware that distribute files without your knowledge.

If you find yourself in this situation, it's crucial to contact a San Antonio criminal law attorney immediately. The Law Offices of Patrick L. Hancock is experienced in dealing with cases where individuals unintentionally share illicit material. We understand that accidents can happen, and we work diligently to present evidence that demonstrates the lack of intent, which could potentially reduce or dismiss the charges.

An experienced criminal defense attorney can also investigate whether the distribution was the result of malicious software or another unintended action, helping to clear your name and protect your future. It's essential to act quickly to ensure that your rights are protected from the very beginning.

WHAT EVIDENCE IS TYPICALLY USED TO PROSECUTE CHILD PORNOGRAPHY DISTRIBUTION CASES?

In child pornography distribution cases, the prosecution relies heavily on digital evidence to build its case. Common types of evidence include:

Electronic files: Images, videos, or other media found on your devices.
Internet activity records: Logs from internet service providers (ISPs) showing file transfers or downloads.
Emails and messaging apps: Communications that may include sharing or discussing the material.
Metadata: Information about when and how files were created, accessed, or shared.
Witness testimonies: Statements from individuals who may have received or witnessed the distribution of the material.

The Law Offices of Patrick L. Hancock meticulously reviews all evidence used in these cases. As a knowledgeable sex offense lawyer, Patrick L. Hancock understands the intricacies of digital forensics and how this evidence can be challenged. Our firm works with expert witnesses and digital forensic analysts to scrutinize the prosecution's evidence, looking for flaws or violations of your constitutional rights.

A skilled sex crime defense lawyer knows that even the slightest error in handling or presenting digital evidence can lead to a reduction or dismissal of charges. We are committed to defending your rights and ensuring a fair trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR CHILD PORNOGRAPHY DISTRIBUTION IN TEXAS?

Under Texas law, the statute of limitations for both possession and promotion (which includes distribution) of child pornography is seven years. This means that criminal charges must be filed within seven years from the date of the offense.

It is crucial to note that this seven-year period applies to both the possession and distribution of child pornography, as defined under the Texas Penal Code. The statute of limitations is a critical factor in determining whether charges can still be brought against an individual.

Understanding the statute of limitations is crucial for building an effective defense. If charges are brought against you after the statute of limitations has expired, a San Antonio sex crime attorney can file a motion to dismiss the case. At the Law Offices of Patrick L. Hancock, we ensure that all aspects of your case are thoroughly examined, including whether the charges are timely.

If you're facing charges related to child pornography distribution, it's imperative to consult with a criminal lawyer who is experienced in handling these specific cases. Our firm is dedicated to providing you with the best defense possible, using our deep understanding of Texas law to protect your rights and future.

For expert legal assistance, contact the Law Offices of Patrick L. Hancock at (210) 223-8844. Our team is ready to help you navigate these complex legal challenges.

SAN ANTONIO SEX CRIME DEFENSE LAWYER FOR CHILD PORNOGRAPHY DISTRIBUTION - AREAS WE SERVE

SAN ANTONIO, TEXAS

AGGRESSIVE DEFENSE AGAINST CHILD PORNOGRAPHY CHARGES - SEX CRIME LAWYER IN GREATER SAN ANTONIO

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
A 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 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 they give them some security and control over the outcome. Juries are notoriously unpredictable, and defendants who 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

Leave a Comment Cancel reply

You must be logged in to post a comment.