The first amendment offers protections for individuals to possess and distribute pornography, but as a criminal lawyer in San Antonio understands, there is no constitutional protection applicable if images of a child under 18 years of age are involved.
The widespread use of personal computers and technological advancements in digital imaging has focused law enforcement’s attention on the examination of all the files on a suspect’s computer. An experienced criminal attorney in San Antonio can explain that while it is illegal to possess child pornography, there are more severe penalties for possession with intent to distribute. Under Texas law, having a certain number of identical images of child pornography allows a presumption of possession with intent to distribute be raised.
A Criminal Lawyer in San Antonio on the Potential Penalties
Texas vigorously prosecutes child pornography cases. Your criminal attorney in San Antonio will counsel that one convicted faces:
- Jail time from 2 -10 years for possession or 2-20 years for possession with intent to distribute
- Fines of up to $10,000
- Registration as a sex offender
There are enhancements if the child is younger than 14 and, as a criminal lawyer in San Antonio emphasizes, penalties for the guardian or parent that consents to his or her child’s participation.
Child pornography crimes are crimes of intent; as such, a criminal lawyer in San Antonio suggests possible defenses based upon the facts of the individual case may include:
- Lack of intent
- Lack of knowledge
- Mistake of fact
A thorough investigation of the facts is essential, and time is of the essence.
Contact a Criminal Attorney in San Antonio for Legal Assistance
If you are the subject of an investigation relating to child pornography, you need to act quickly and decisively. Other than the harsh criminal penalties hanging over your head, your personal reputation is on the line. Get the experienced and knowledgeable help of Del Prado & Del Prado, Attorneys at Law, a criminal lawyer in San Antonio. Call 210-698-3533.