Over the last few decades, most people’s lives have become completely ingrained and intertwined with the Internet. Now that most individuals have what equates to miniature computers in their pockets in the form of a phone, more and more individuals rely on Internet searches to go about their daily lives. However, it is important to understand that there are certain things that are illegal to look at on the Internet, and doing so could lead to criminal charges and even prison time. Here, our Houston criminal defense lawyers want to discuss what is illegal to view on the Internet.
Viewing pornography on the Internet is not illegal in and of itself. You will not have to worry if you stumbled across images, websites, or pop-up ads related to pornography. However, in order to legally view porn on the Internet, a person must:
However, even though pornography is protected by law in Texas and throughout the United States, there are certain cases where pornography will be illegal. Specifically, possessing, distributing, or promoting child pornography is illegal under Texas law (Texas Penal Code Title 9 Sec. 43.26) as well as federal law.
Individuals accused of possessing or distributing child pornography in Texas could face significant penalties. Under Texas law, it is illegal for a person “knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.”
The possession of child pornography is considered a third-degree felony in Texas, and individuals can face fines up to $10,000 and a prison sentence ranging from two to 10 years if they are convicted.
If a person is accused of distributing child pornography, this will be considered a second-degree felony, and the individual could face fines of up to $10,000 and a prison sentence ranging from two to 20 years if convicted.
If the child depicted in the pornographic images or videos is 13 years of age or younger, the individual will face a first-degree felony charge. If convicted, the individual could face a prison sentence of five to 99 years. If a person is convicted of this charge, they will be required to register as a sex offender for the remainder of their life.
Texas has taken further action to include additional guidance on what is illegal to view on the internet. According to Texas SB 20, obscene content involving children under the age of 18 is illegal in any form, including cartoons and AI-generated images. This broadens the scope of what is illegal and specifies how it may be punished.
For this type of content, base penalties include a state jail felony, which receives the lowest felony sentencing. A state jail felony includes a prison sentence ranging from 180 days to 2 years, as well as potential fines of up to $10,000 depending on the offense according to Texas’s sentencing guidelines. A judge may increase charges and sentencing if an individual has a criminal history involving prior convictions.
With these additions to the law, it becomes even more important to be careful about what you view online. It also means that there is more at stake if you are charged with illegal internet activity. Hiring a criminal defense lawyer gives you the highest chance of securing better results.
It’s important to know what your options are when you’re charged with illegal internet viewing activity. To understand how to proceed and receive the most favorable options in your case, you should consult a skilled and knowledgeable defense lawyer in Houston who can provide direction and a defense. They will challenge the prosecution’s case and evidence against you by developing a strong case and identifying the most effective defense strategy for your specific situation.
Your lawyer may use defenses such as a lack of knowledge or intention to view child pornography or other illegal content. Lawyers can also determine whether or not you are being falsely accused of viewing child pornography. Attorneys also defend your rights and can fight an arrest, evidence or processes that were mishandled or gotten illegally. This includes entrapment and evidence tampering. In these situations, your lawyer can act quickly to get evidence thrown out or even get your case dismissed in some instances.
To build an effective defense, your lawyer will investigate the charges, review the case against you, and gather evidence that supports your defense and refutes the prosecution’s arguments. They will also look for weaknesses that they can leverage to strengthen your case or introduce doubt about the prosecution’s case. It’s important to be open with your lawyer so they can fight for you more effectively.
Facing accusations of viewing or distributing child pornography can be incredibly scary. Unfortunately, the deck is stacked against individuals charged with these crimes from the beginning of their case, and guilt or innocence is often debated in the media long before a trial ever occurs. However, when a skilled criminal defense attorney in Texas gets involved in your case, you will have an advocate who can fully investigate the incident on your behalf. An attorney will engage in communication and negotiations with prosecutors in the case. Importantly, a child pornography defense attorney will make sure that you understand every aspect of your case moving forward so that you are never left in the dark about what will happen.
If you have been arrested for child pornography or other illegal internet activity, you need to act fast to protect your rights and hire a criminal defense lawyer. The team at The Law Office of David A. Breston will walk you through your legal options and provide counsel on how to proceed. We handle your case, build your defense, and advocate for you. We have a strong track record of success and are ready to fight for you. To learn more about our firm and how we can defend you against charges, contact us today to schedule a free consultation.