Call Now  (713) 227-4444 Email Us Hablamos
Español

Neal Davis Blog

  • About
    • Neal Davis
    • Tyler Brock
    • Andrew Jordan
    • Hiring An Attorney
  • Expertise
    • Criminal Defense
    • Sex Crime Defense
    • Child Pornography
    • Child Solicitation
    • Drug Possession
    • White Collar Crimes
    • Shoplifing/Theft
    • DWI
    • Murder Defense
    • Assault & Family Violence
    • Title IX Defense
  • Results
  • Reviews
  • Press
  • Resources
    • Blog
    • Criminal Defense Guides
    • Scholarships
Home / Child Pornography & Online Solicitation / What is a Viable Defense Against a Child Porn Charge in Texas?

What is a Viable Defense Against a Child Porn Charge in Texas?

January 10, 2018

child porn offense defenses

Have you or a loved one been unfairly accused of possessing child pornography? First, it’s important to understand that this is a serious crime. You need to know your legal options for defense against child porn charges.

At the Neal Davis Law Firm, we can help—starting with a legal review of your case when you contact us.

What is a child pornography crime?

Child porn offenses can include violations of Texas child porn laws of violations of federal child porn laws. In fact, you can be prosecuted for child porn charges under state laws and federal laws for the same offense.

Such serious child porn charges can include possession of child pornography, receiving child pornography and distribution or promotion of child pornography.

Keep in mind that viewing pornography on the Internet or elsewhere is not a crime when it depicts consenting adults. But pornography which depicts minors who are younger than age 17 is illegal—highly illegal—and is not constitutionally protected by First Amendment rights of free speech.

How serious are child porn charges?

In fact, Texas law officers and federal authorities are very aggressive in prosecuting persons who face child porn charges—in part because of public outrage toward such crimes.

But that’s not their only motivation.

It’s also true that local and Texas law enforcement agencies can get additional federal funding for sweeping sex sting operations which lead to arrests for such things as possessing child porn and online solicitation of a minor.

In fact, as a reward for such operations, over $200 million in federal grants have been handed out to police departments by the Internet Crimes Against Children Task Force.

Such incentives have resulted in law enforcement agencies casting an aggressively wide net in their sex stings, which inadvertently snare innocent people.

This law enforcement aggression, followed by prosecutorial aggression, is why it’s vital to engage an experienced child porn defense lawyer who can protect the legal rights of the innocent and succeed in helping get charges reduced or even dismissed before trial.

What defenses exist for child porn offenses?

As for how we can help you defend against child porn charges, that starts with the individual circumstances of your case. We can tell you that defending against a charge of child porn may start by asserting you were falsely accused and disputing the prosecution’s claim that you knowingly possessed, distributed or received child pornography.

For instance, perhaps someone else had access to your computer and downloaded or viewed child porn on it without your knowledge or consent.

We also can determine if you, as the defendant, used an unsecured or shared network which may have allowed others to download child pornography without your knowledge.

Or, we may find means to claim that law enforcement officers illegally conducted a search or an arrest. This may involve illegal “entrapment,” which means law officers induced you to commit a child porn offense which otherwise you would not have done.

Whatever the case, you must engage knowledgeable legal help to counter such charges, or possibly face years in prison, hefty fines and having to register as a sex offender. Indeed, child porn sentences can sometimes be unreasonable.

Contact us today for a confidential legal review of your case.

Related Resources

  • Can Bail Be Revoked?
    Can Bail Be Revoked?
  • Netflix Jerry Harris Sentenced to 12 Years in Prison for Child Sex Crime
    Netflix Jerry Harris Sentenced to 12 Years in Prison for…
  • Warren Beatty Faces Claim of Sex Crime 49 Years Ago
    Warren Beatty Faces Claim of Sex Crime 49 Years Ago

Learn More About Sex Crime Defense


Overview of Sex Crime Defense
Child Sex Offenses
Child Pornography Possession Defenses
Online Solicitation of a Child
Texas Sex Crime Law
Indecency with a Child by Contact
Indecency with a Child by Exposure
Aggravated Child Sex Abuse
Child Molestation Defense
Continuous Sexual Abuse of a Child
Improper Teacher / Student Relationships
Hiring a Sexual Assault Defense Lawyer
Sexual Assault of a Child (Statutory Rape)
Title IX Defense & Campus Sexual Assault
5-star review image
A #1 Defense Attorney
Assault  |  Houston
Dismissal of charges
2017-06-05
"I have twice hired Mr. Davis to defend members of my family who I firmly believed were unfairly ..."
Father of client S.S., Verified Customer
5-star review image
They are aggressive!
Criminal Defense  |  Houston
Client's drug and felony evading arrest case dismissed
2016-03-15
"Neal is the man. Neal has provided me with excellent defense in the past and he just got ..."
G.M. (case expunged), Verified Customer
5-star review image
So thankful to have found him
Assault  |  Houston
Client's family violence case dismissed.
2014-12-05
"I've been around great attorneys, and you hire Neal if you want a great lawyer and gentleman. He ..."
Anonymous, Verified Customer

Categories

  • Child Pornography & Online Solicitation
  • Community
  • Criminal Defense
  • Drug Crimes
  • Federal Crimes
  • Firm News
  • Intoxication Offenses
  • Sex Crimes
  • Violent Crimes
  • White Collar Crime

Search

Possession of Child Pornography: Texas Criminal Defense

FREE E-BOOK

Learn all about the legal process and your legal rights.

Get Your Free Copy Now

Board Certified, Criminal Law – Texas Board of Legal Specialization (2009-2021), AV Rated by Martindale Hubbell (2015), and listed as a Best Lawyer in America (2015-2022)

He doesn't give up, no matter what you're up against
M.F.
5-star review image
Got my life back
K.W.
5-star review image
Muy satisfechos con su trabajo
Tia de J.C.
5-star review image

Read All Reviews

    Contact Our Law Firm




    We respect your privacy. The use of this form does not establish an attorney-client relationship.

    Address
    Neal Davis Law Firm
    The Heights Boulevard Law Building
    1545 Heights Blvd., Suite 700
    Houston, TX 77008

    Map

    Call 24/7
    (713) 227-4444

    Office Hours
    Monday - Saturday
    8:00 AM to 6:00 PM

    Sunday: Closed


    Experienced Criminal Defense Law Firm in Texas

    While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:


    Location

    Harris County:

    Houston, Pasadena, Baytown

    Montgomery County:

    Conroe, The WoodlandsWillis, Pinehurst

    Fort Bend County:

    Sugar Land, Richmond, Needville, Cinco Ranch


    Your Houston Criminal Defense Lawyer: Neal Davis


    A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.


    The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.


    Board Certified, Criminal Law – Texas Board of Legal Specialization. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Enjuris Texas personal injury guide

    © 2023 Neal Davis Law Firm, PLLC. All rights reserved. Law Firm Online Marketing by SEO Advantage, Inc.


    Legal Information

    The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.