What Happens If You Are Accused Of Possession Of Child Pornography In Galveston?

What Happens If You Are Accused Of Possession Of Child Pornography In Galveston?

As Galveston criminal defense attorneys, we know that few charges are as serious and life-altering as being accused of possession of child pornography. An allegation alone can devastate reputations, careers, and families. Once law enforcement initiates an investigation, the stakes are immediate and severe. Texas prosecutors pursue these cases aggressively, often amid media attention and public pressure to secure convictions. Because of this, anyone facing such allegations must understand the legal framework, the potential penalties, and the defenses available.

Texas imposes harsh penalties for child pornography possession. These cases are generally prosecuted under Texas Penal Code § 43.26, which criminalizes the knowing or intentional possession or promotion of visual material depicting a child under age 18 engaged in sexual conduct. Each image or video may be charged separately, dramatically increasing potential penalties.

We defend clients by scrutinizing every piece of evidence, examining law enforcement’s procedures, and challenging unconstitutional searches or flawed digital forensics. An allegation is not a conviction—and the state must prove its case beyond a reasonable doubt. Our job is to protect our clients’ rights and futures through a strategic, aggressive defense.

Texas Child Pornography Laws

Under Texas Penal Code § 43.26(a), it is a crime to knowingly or intentionally possess or access with intent to view visual material that depicts a child under 18 engaging in sexual conduct, which includes sexual acts, lewd exhibition of genitals, or simulated sexual activity.

• Possession: Typically charged as a third-degree felony, carrying 2 to 10 years in prison and up to a $10,000 fine.
• Promotion/Distribution: Under § 43.26(b), promotion is usually charged as a second-degree felony, with penalties ranging from 2 to 20 years in prison.

Each file may be treated as a separate offense, meaning someone accused of possessing 50 images could theoretically face 50 third-degree felony counts.

A conviction also triggers mandatory sex offender registration under Texas Code of Criminal Procedure Chapter 62, which significantly impacts housing, employment, travel, and reputation—often for life.

Federal Charges for Child Pornography

Possession of child pornography can also be prosecuted under federal law, especially when:

• Files were transmitted over the internet,
• Interstate or foreign commerce is involved,
• Federal agencies (FBI, DHS, ICE) are involved.

Key Federal Statutes:

• 18 U.S.C. § 2252A(a)(5)(B): Criminalizes knowing possession of material involving minors.
• 18 U.S.C. § 2252A(b)(2): Sets a maximum penalty of 20 years, with a 10-year mandatory minimum if the offense involves a prior sex offense conviction.

Federal sentencing guidelines are often stricter, and convictions frequently carry mandatory minimum sentences, supervised release, and lifetime registration under federal SORNA (Sex Offender Registration and Notification Act).

How Investigations Begin

Child pornography investigations often originate online through tips, surveillance, or automatic reporting systems.

Common triggers:

• ISPs are federally required under 18 U.S.C. § 2258A to report suspected child pornography to the National Center for Missing and Exploited Children (NCMEC).
• NCMEC passes reports to law enforcement for follow-up.
• Law enforcement obtains search warrants under Texas Code of Criminal Procedure Art. 18.0215 to access digital devices.

Digital forensic teams then analyze hard drives, cloud storage, and mobile devices. However, forensic tools can produce false positives, and courts have recognized that files may be present without the user’s knowledge or intent.

Defenses Against Child Pornography Allegations

We challenge these cases on constitutional, procedural, and evidentiary grounds. Common defenses include:

• Lack of Knowledge or Intent: Files may have been auto-downloaded or embedded in other content.
• Malware/Viruses: Malicious software can result in unlawful content being stored without the user’s knowledge.
• Shared Devices: Proving exclusive control over a device is essential for establishing possession.
• Unlawful Search and Seizure: Evidence obtained without a valid warrant under the Fourth Amendment or Texas Code of Criminal Procedure Article 18.0215 can be excluded.
• Forensic Error: Forensic software may misidentify content or retrieve remnants not knowingly accessed.

The prosecution must prove knowing, intentional possession or access with intent to view beyond a reasonable doubt.

Consequences Beyond Prison

A conviction—even a mere accusation—can devastate a person’s life:

• Termination of employment
• Revocation of professional licenses
• Loss of child custody or visitation rights
• Mandatory sex offender registration (Chapter 62 CCP)
• Severe housing and travel restrictions

The social stigma is immediate and often irreversible. Many defendants are treated as guilty by the public long before trial. That is why experienced legal defense is essential.

Frequently Asked Questions About Child Pornography Charges in Galveston

What Qualifies As Child Pornography Under Texas Law?

Under Tex. Penal Code § 43.26, visual material depicting a child (under 18) engaged in sexual conduct, even if the image was self-produced or “sexted,” is considered illegal. Consent is not a defense.

How Serious Are These Charges?

• Possession = Third-degree felony (2–10 years)
• Promotion/Distribution = Second-degree felony (2–20 years)
• Federal charges can result in 10–20 years or more, depending on the facts.

Can Each File Lead to a Separate Charge?

Yes. Each image or video may result in a separate felony count, drastically increasing exposure to prison time.

Is Sex Offender Registration Mandatory?

Yes. A conviction under § 43.26 requires registration under Texas CCP Chapter 62, often for life. Failure to register is itself a felony.

What If The Material Was Only Viewed, Not Downloaded?

Texas law criminalizes both possession and access with intent to view child pornography. Federal law (18 U.S.C. § 2252A) also criminalizes knowingly accessing such material without downloading.

Can Accidental Downloads Be a Defense?

Yes. If the files were automatically cached, embedded in other downloads, or placed there via malware, this may negate the “knowing” element required for conviction.

What Happens If the Case Goes Federal?

Federal penalties are typically more severe, with:

• Mandatory minimums
• Longer sentences
• Stricter probation or supervised release
• Lifetime federal sex offender registration

Can You Challenge the Forensic Evidence?

Absolutely. We often use independent digital forensics experts to examine:

• Chain of custody
• Imaging process
• Metadata and timestamps
• Potential exculpatory data overlooked by government tools

What Should I Do If Accused?

• Do not speak to law enforcement without a lawyer.
• Do not consent to a search without a valid warrant.
• Call a criminal defense attorney immediately.

Your words or actions may be used against you. A lawyer ensures your rights are preserved from the beginning.

How Long Will the Case Take?

Timelines vary. State cases may resolve in 3–12 months. Federal cases, particularly with large-scale forensic review, can take a year or more.

Call Mark Diaz & Associates Today

At Mark Diaz & Associates, we defend those accused of the most serious crimes, including possession of child pornography. These cases demand aggressive, relentless representation backed by a deep knowledge of Texas law and federal criminal procedure. We know how prosecutors build their cases, and we know how to dismantle them.

Contact our Texas pornography charge attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. From our Galveston office, we defend clients across Houston and throughout Texas. When the stakes are this high, trust our team to fight for freedom, rights, and future.