Houston Child Pornography Attorney I'm Attorney Jack B. Carroll. Have you been arrested? Have you been charged with a crime? When it’s all on the line, you need elite defense on your side.

Arrested for Possession of Child Pornography in Houston?

Contact Jack B. Carroll & Associates Today!

If you are accused of possessing or distributing child pornography in Texas, you’re facing serious state or federal punishments; either of which can result in an extremely long prison sentence. By using proven, successful strategies, Houston defense lawyer Jack B. Carroll, a seasoned sex crimes defense expert, has the skill to protect you from child pornography charges in Harris County.

County and federal judges, prosecutors, and jurors all along the Texas Gulf Coast view sex crime suspects – especially when any child is the victim – very harshly. You must have a charismatic lawyer in your corner who can present an aggressive defense for to help you avoid any child-related sex crime conviction.

Not everyone accused of possessing child porn is guilty. But regardless of guilt or innocence, everyone deserves the right to a reliable legal defense. Jack B. Carroll & Associates offers reasonable legal fees, affordable payment plans, and in-depth criminal case evaluations for all. If you must consult with Jack B. Carroll to take advantage of his experience as a Houston criminal defense attorney, don’t hesitate to call 713-228-4607 immediately.

Texas Law & Child Porn Cases

Child pornography is defined as, “any media content depicting a minor in any way that might be considered sexually compromising or engaging in sexual conduct. The media can be any videotape, image, photo, digital picture, video, digital video, cell phone recording, image on a computer, hard drive, or online,” including thumb drives and CD storage devices.

To be convicted, a prosecutor must prove “beyond a reasonable doubt,” that you “knowingly and intentionally” possessed the visual pornographic material and, “knew (or believed) that a minor was being depicted.”

How You can be Charged with Online Child Pornography

In order for a Texas jury to find you guilty in a criminal district court, a prosecutor must prove two things:

• That you were in constructive control of the pornographic material depicting the child,
• And that you knew that the child was not of legal age.

You face a Possession of Child Pornography charge if you knowingly and intentionally:

• Participated in the creation of pornographic “images” involving a child
• “Possessed” child pornography on your person, cell phone, computer, or other device
• Transported child pornography images from one place to another (including on your computer or storage device – disc, hard drive or thumb drive)
• Promoted the sale of child pornography
• Sold child pornography to another person or organization (distribution)

Read About a Recent Child Pornography Case Our Firm Handled:

Case Review: The Beaumont, TX (Federal) Child Pornography Case

Criminal Penalties For Individuals Convicted

According to the Texas Penal Code, possession of child porn is a Third-degree felony offense in the state of Texas. Persons convicted of the crime will face a prison sentence of 2-to-10 years with a fine of up to $10,000.00 and the dreaded sex offender registration requirement.

Producing, promoting, or selling child porn can be charged as a Second-degree felony.

It’s also important to note that those charged and convicted of multiple counts of possession or distribution of child porn can be required to serve all prison sentences consecutively (one sentence after another): not concurrently (all at once). Consecutive sentencing could run into the hundreds of years for some defendants. Each individual picture can be charged as a separate count in a Grand Jury indictment.

RESOURCE: Child pornography & Texas Law (Sec. 43.26)

Federal Child Pornography Charges

Possession or Producers & Distributors

Child pornography cases are often referred to federal prosecutors in cases involving a large number of images and also when persons share files across state lines.  And though media attention now focuses on public outrage over perceived judicial leniency in sex crime cases, mandatory minimum sentencing for certain federal child porn offenses is actually quite severe. And like state child porn punishments, prison sentences can also run consecutively. For example:

• Conviction for promoting or even possessing child pornography can carry a mandatory five-year prison federal sentence and capped at twenty-years. There is no parole in Federal Child Pornography Cases.
• Conviction for federal solicitation of a minor to engage in child pornography can draw a minimum 10-year sentence.
• Interstate travel (crossing state lines) to engage in illicit sexual activity such as child pornography can cost a convicted offender 30 years in federal prison; in addition to penalties for possession, promoting or solicitation of a minor to engage in child pornography.

RESOURCES: U.S.C.§ 2252. & U.S.C.§ 2252A.

Some Federal Child Porn Offenses Draw R.I.C.O Charges

(Racketeer Influenced and Corrupt Organizations)

R.I.C.O is often referred to as “enterprise corruption.” Quite a few offenses fall under the purview of R.I.C.O.; including “dealing in obscene matter” (in this case the sharing of internet-related child porn which crossed state lines). Those who face simple possession of child porn usually don’t need to worry about federal enterprise corruption charges; unless it can be proved that they knowingly shared their images with someone in another state. In such instances, the feds usually let the states prosecute those offenses.

But if image sharing is on a large scale – or if someone produces and/or promotes child porn throughout the U.S. (or overseas) – serious R.I.C.O charges are virtually guaranteed. Likewise; if those producers violated federal trafficking laws by transporting underage minors across state lines for the purposes of creating “kiddy porn;” a R.I.C.O indictment is all but assured.

Federal sentencing guidelines for enterprise corruption are extremely harsh. Plus, in addition to the child porn sentences, those found guilty of a R.I.C.O offense may pay more than criminal fines. They could also be on the hook for civil fines; and forced to pay for the very investigations that led to their federal R.I.C.O convictions as well.

RESOURCE: U.S. Code CHAPTER 96

Affirmative Defenses to Child Pornography Possession

Being falsely accused of a Texas Child porn charge happens quite a bit. Sadly however, these accusations can lead to criminal convictions and severe penalties if your lawyer isn’t able to mount a skilled defense. Fortunately, the Penal Code and the U.S. Criminal Code recognizes the following affirmative defenses to alleged child pornography offenders.

• Unintentional Possession – You didn’t mean to have child porn in your possession, or that the prohibited material didn’t belong to you. You may not have even been aware of its existence.
• Accidental Possession – Due to a virus, malware, email spam, phishing. A hacker may have compromised your computer’s security and placed the images on your hard drive.
  • I once had a client that within a year or two of using the internet for the first time, his computer, without his knowledge, had downloaded over 20,000 images of pornography. He was unable to access these images, being locked out of his own computer. We hired a private investigator who used a computer crimes expert to fix the computer and prevent any criminal charges. But what could have happened to him had he not noticed the files and they had contained child pornography.
• Illegal Search and Seizure – The evidence was illegally seized by police. This is a violation of your. This is a violation of your Fourth Amendment constitutional rights and thereby, inadmissible in court.
• Entrapment – police induced you to violate child porn laws which you wouldn’t normally do. In short, they MADE you commit the crime. You didn’t do it on your own.
• It’s Not Child Porn – Just because someone “looks” like their underage doesn’t necessarily mean they are. Remember, you have to “have knowledge” that the image is of a minor in order to be convicted. This includes videos and photographs of nudist colonies.
• Psychological Addiction – Your lawyer maybe able to successfully argue that you are addicted to child porn. It’s difficult. It isn’t easy but it has been done. Your sentence can be an alternative a treatment program instead of going to prison.

In a court of law, to use the old saying, “Just because it might look, walk, and quack like a duck, doesn’t always mean it IS a duck.” And Jack B. Carroll has been unmasking fake ducks in court for many years.

Fighting Back Against Child Pornography Charges

In order to be convicted, a prosecutor must prove that you were in constructive control of child porn and knew the child was not of legal age.

As you can see, when a defendant is charged with possession of child pornography, but has a skilled defense lawyer, the prosecutor’s case is far from a slam-dunk. Sometimes, the act of an experienced attorney aggressively fighting back for you, which forces them to really work hard to prove their case, can lead to a significant reduction in charges. Sometimes your lawyer’s zealous defense can lead to outright dismissal of your charges.  That means:

• No prison sentence.
• No huge fines
• No criminal record
• And you won’t have to register as a sex offender (which follows you around for the rest of your life).

But none of that happens without a skillful child porn defense attorney.

We recently handed a Federal Possession of Child Pornography case in the Eastern District of Texas (Beaumont) that involved over 600,000 images and videos. One Attorney said that it was the biggest Child Pornography case they had ever seen. Our client received only a 72 month sentence in a low-risk offender prison, where he will be able to continue his education. He will qualify for a one-year reduction of his sentence due to previous drug use. Along with other various incentives, he will be home much quicker than had we not intervened.

Read about it here.

In another case in Matagorda County, the 130^th District Court with the anti-defendant Judge Estlinbaum. After fighting with the District Attorney Stephen Rees, setting the case for trial, putting up multi-varied and complex legal argument motions, the offer of 15 years in prison was reduced to probation. My client has not spent one day in prison.

Charged with Possession of Child Pornography in Houston?

Call Houston Sex Crimes Lawyer Jack B. Carroll Today!

Jack B. Carroll is one of the most qualified Houston sex crimes attorneys to defend suspects who are charged with possession of child pornography in Harris County and the Greater Houston Metro. Jack is a Board Certified® criminal lawyer. He has passed numerous tests and received countless recommendations from judges and ad his legal peers. If you’re facing a criminal charge involving “kiddy porn,” you must have a lawyer who is an expert in defending alleged child porn suspects.

Jack B. Carroll & Associates offers in-depth case evaluations, affordable legal fees, and flexible payment options. Those who try and defend themselves in criminal court without a seasoned defense attorney have no hope of retaining their freedom.

To schedule a time to meet with Attorney Jack B. Carroll, please call 713-228-4607 or send us a message using our contact form.

The History of Illegal Downloads

Houston Lawyers for Child Pornography Possession Cases

Jack B. Carroll & Associates

RESOURCES (The following links will take you away from this website.)

• Texas Penal Code Chapter 21: Sexual Offenses
• Harris County PCT 4: High Tech Crimes Unit
• The History of Illegal Downloads
• Houston Chronicle: Texas Sex Abuse Exonerations
• PBS: How the FBI Tracks Child Pornography Predators
• FBI: Child Pornography Victim Assistance