Experienced Defense Against Child Pornography Possession Charges in Texas
If you or a loved one has been charged with Possession of Child Pornography in Houston, you must understand the seriousness of the charges and take immediate action to protect your rights. These offenses carry severe penalties, including prison time, lifetime Sex Offender registration, and devastating social consequences.
Board Certified Criminal Defense Attorney Grant Scheiner has extensive trial experience and a deep understanding of the technology, forensic evidence, and legal complexities involved in Child Pornography cases. His legal team will fight aggressively to protect your future and pursue the best possible outcome in your case.
Call 713-783-8998 now for a confidential case review
What is Possession of Child Pornography?
The offense of Possession of Child Pornography is defined under Texas Penal Code § 43.26. This charge involves knowingly or intentionally possessing, accessing, or viewing visual material that:
✔ Depicts a person younger than 18 years old at the time the image was created.
✔ Shows the person engaging in certain sexual conduct or lewd exhibition.
Texas Discovery Rules & Technological Challenges
✔ Defense attorneys are restricted from possessing copies of the evidence. Texas law only allows defense attorneys to inspect evidence under specific conditions.
✔ Computer forensic evidence is complex. Understanding how digital files are stored, accessed, and transmitted is critical to defending these cases.
✔ IP tracking & law enforcement task forces. Law enforcement agencies use IP addresses, peer-to-peer monitoring, and forensic tools to track online activity.
✔ National databases & monitoring systems. Authorities often collaborate with the National Center for Missing and Exploited Children to compare digital evidence.
Attorney Grant Scheiner is a former Chair of the Computer & Technology Section of the State Bar of Texas, giving him a unique advantage in defending Child Pornography possession cases. His knowledge of forensic evidence, digital tracking, and law enforcement methods allows him to challenge flawed investigations and unreliable evidence.
Texas Penalties for Possession of Child Pornography
State vs. Federal Charges
✔ Child Pornography charges can be filed in either state or federal court.
✔ Federal charges generally apply when the alleged offense involves interstate commerce (such as use of the internet, although, not every internet case will land in federal court), international elements, or federal jurisdictions (such as military bases or federal property).
✔ Cases can be transferred between state and federal courts, affecting sentencing and legal strategies.
Texas State Penalties (Tex. Pen. Code § 43.26)
✔ Third-Degree Felony – 2 to 10 years in prison and up to a $10,000 fine.
✔ Enhanced penalties for multiple offenses or if images depict particularly egregious content.
✔ Mandatory lifetime Sex Offender registration – Severe restrictions on housing, employment, and personal freedoms.
Under Texas law, Possession of Child Pornography includes:
✔ Possession or Promotion of Child Pornography.
✔ Electronic Transmission of Certain Visual Material Depicting a Minor.
✔ Possession or Promotion of Lewd Visual Material Depicting a Child Pornography.
Here is a specific breakdown for Child Pornography charges filed in Texas state courts and this is true whether your case is filed in Harris County, Montgomery County, Galveston County, Ft. Bend County, Brazoria County, Chambers County, Dallas County, Tarrant County, Waller County, Walker County, Travis County, Bexar County, or anywhere else across the state — regarding number of images:
1. Fewer than 100 Visual Depictions of Child Porn:
- Classification: Third-Degree Felony
- Penalties:
- Imprisonment: 2 to 10 years;
- Fine: Up to $10,000.
- 100 to Fewer Than 500 Visual Depictions of Child Porn:
- Classification: Second-Degree Felony
- Penalties:
- Imprisonment: 2 to 20 years
- Fine: Up to $10,000.
- 50 or More Visual Depictions (i.e., pictures) of Child Pornography, or at least one video of Child Pornography:
- Classification: First-Degree Felony
- Penalties:
- Imprisonment: 5 to 99 years or life;
- Fine: Up to $10,000.
Special Considerations for Videos: Texas law does not explicitly differentiate between images and videos in terms of counting visual depictions. Therefore, each video is generally (but not always) considered a single visual depiction, similar to an image. However, due to the nature of videos—often containing more explicit or extended content—they may be scrutinized more heavily during prosecution. Additionally, possession of a videotape or film depicting certain offenses can elevate the charge to a first-degree felony, regardless of the total number of visual depictions.
Additional Aggravating Factors:
- Depictions Involving Children Under 10 Years Old: Possession of material depicting children younger than 10 can result in enhanced penalties, including higher felony classifications or increased minimum sentences.
- Prior Convictions: Previous convictions for similar offenses can elevate the current charge to a higher felony level, leading to more severe penalties.
Note: The information provided here is based on the Texas Penal Code as of January 1, 2024. Legal statutes can change, so it’s essential to consult the most current laws or seek legal counsel for up-to-date information.
Potential Defenses to Possession of Child Pornography Charges
✔ Lack of Knowledge or Intent – Files may be downloaded unintentionally, automatically saved, or unknowingly received through email, pop-ups, or malware.
✔ False Accusations or Misidentification – Shared computers, unsecured Wi-Fi, and multiple users can lead to wrongful accusations.
✔ Illegal Search & Seizure – If law enforcement violated Fourth Amendment rights, evidence may be suppressed in court.
✔ No Actual Possession – The prosecution must prove actual, knowing possession, not accidental viewing or cached files.
✔ Not Child Porn – Images or video may not show a child or may not show a child engaging in the requisite sexual conduct or in a lewd exhibition.
If you have been charged or are under investigation, call 713-783-8998 to discuss your defense options immediately.
Have You Been Charged with Possession of Child Pornography?
✔ We advise our own clients: Do NOT speak to law enforcement. Anything you say can and likely will be used against you.
✔ We advise our own clients: Do NOT attempt to delete files or erase evidence. This can be misinterpreted as an admission of guilt. It might also expose you to a charge(s) for Tampering with Evidence.
✔ Do NOT discuss your case with anyone other than your attorney.
At Scheiner Law Group, P.C., we will:
✔ Review the evidence for errors and inconsistencies.
✔ Challenge unconstitutional searches, seizures, and forensic methods.
✔ Fight for reduced charges, case dismissals, or alternative sentencing options.
Your Future is on the Line – Get the Right Defense Team
Child Pornography possession charges can lead to prison time, lifelong registration as a Sex Offender, and permanent damage to your personal and professional reputation. A conviction can destroy your future—but an accusation is not a conviction.
At Scheiner Law Group, P.C., we take an aggressive and strategic approach to defending clients accused of Possession of Child Pornography.
Call 713-783-8998 now to speak with an attorney