Breakdown of Texas Penal Code Section 43.26

GavelIn Texas, penal code section 43.26 defines possession or promotion of child pornography. The penal code states that a person can be charged with this crime by knowingly and/or intentionally possessing or having access to child pornography. This includes any visual that depicts someone under the age of 18 in a sexual manner or engaging in sexual conduct. In order to convict an individual under this section of the law, it must also be shown that the individual being charged knows that the visual material he or she possesses or has access to depicts a child in a sexual manner.

Under Texas penal code section 43.26, visual material is described as:

  • Film, photos, video, or any other photo reproduction containing photos, videos, film, or negative
  • Discs, diskettes, computer, or other transmitted image such as those on cable or satellite transmission

If someone is charged under Texas penal code section 43.26, they will face a third-degree felony, with some exceptions. First, if the individual has already been convicted of a similar crime once before, the charge becomes a second-degree felony. If the individual has two or more previous convictions, the charge will be enhanced to a first-degree felony.

Possible Defenses

It is important to know the types of defenses that may be available to you during this time. One of the main forms of defense is proving that the defendant did not know that the material he or she possessed/promoted contained images of a minor engaged in sexual conduct. Another potential defense is disproving intent to commit a crime. The prosecutor in the case will need to show that the individual being charged intended to commit the crime. However, intent can be difficult, especially given the advances in technology and ability of some to download things without permission.

At Crain Lewis Brogdon, LLP, our team of Dallas child pornography defense lawyers has handled thousands of criminal cases. We bring extensive experience to your case, working to help you seek the outcome you deserve. We know that being charged with a crime can be a difficult and stressful experience. Because of this, we aim to stand by your side throughout the entire ordeal, defending your rights when you feel alone. You shouldn’t have to face the consequences if you didn’t commit the crime. Let us work to help protect your freedom.

Call our firm today and learn how we can defend you after being charged under Texas penal code 43.26.


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