The Texas Legislature created the Texas Penal Code Section for Possession or Promotion of Lewd Visual Materials Depicting a Child in 2017, wanting to more broadly define offensive visual materials involving children.
This definition allows for prosecution for possessing materials that may have not have originally fallen under the definition of Child Pornography. A person can be charged with possessing these materials, producing these materials, or distributing these materials. They can also be charged in conjunction with another offense under the Texas Penal Code. If you’re being investigated for Possession or Promotion of Lewd Visual Materials Depicting a Child contact an experienced criminal defense attorney immediately.
Texas Law & Definitions
A person commits this offense if they knowingly possess, accesses, or promotes visual material that:
- Depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;
- Appeals to the prurient interest in sex; AND
- Has no serious literary, artistic, political, or scientific value.
Understanding Defense Strategies
It is NOT a defense to prosecution to claim that the child depicted in the visual material consented to the materials creation.
Penalties for Individuals Adjudged as Guilty
Possession or Promotion of Lewd Visual Materials Depicting a Child is a State Jail Felony, carrying a range of punishment of 6 months to 2 years in a State Jail Facility and up to a $10,000 fine.
This crime can be enhanced to a Third Degree Felony, carrying a range of punishment of 2 to 10 years in prison and up to a $10,000 fine if it is shown that the person charged with the offense has been previously convicted of possession of child pornography.
This crime can be enhanced to a Second Degree Felony, carrying a range of punishment of 2 to 20 years in prison and up to a $10,000 fine if it is shown that the person charged with the offense has been previously convicted two or more times of possession of child pornography.
Sex Offender Registration Requirements
Being convicted of Possession or Promotion of Lewd Visual Materials Depicting a Child will require registration as a sex offender. Sex offender registration can involve many conditions. They are dictated primarily by the court or presiding judge in which the suspect was convicted, or parole board at the time of the prisoner’s release. These conditions vary based on the individual offender. Many (but not all) of these restrictions govern:
- Where the registrant can live and work;
- Places they may and may not frequent (like types of restaurants, parks, and other entertainment venues);
- Counties and states they can visit (other than the one in which they are registered, and how long they can remain out of their registered county);
- And whom they may contact or associate with;
If convicted of a felony sex crime, restrictions are also placed on several of your civil rights and activities such as:
- Right to Vote
- Right to Hold Public Office
- Right to Bear Arms
- This restriction lasts for five years after release from prison. And it can last longer if you do not go through the process of having your gun rights restored. But even then you can only possess firearms in your residence, and may not carry a gun beyond your residential property.
- Ability to Serve on a Jury
- Convicted felons lose the right to serve on any jury for the rest of their lives.
There are additional restrictions placed on many occupations and professional licenses anyone convicted of a child-related sex offense may hold. This seriously limits their ability to earn a good living, and where they are allowed to live or frequent once they are released from prison.
Need Legal Representation in Houston?
Call The Sex Crimes Lawyers at Jack B. Carroll & Associates Today!
If you or a member of your family is the subject of an investigation or are facing criminal charges for Possession or Promotion of Lewd Visual Materials Depicting a Child, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible so our firm can review the case thoroughly.
Serious criminal cases and investigations are best left in the hands of professional criminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges of a sexual nature.
Jack B. Carroll is a seasoned criminal law attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.
Resources
- Texas Penal Code Chapter 21: Sexual Offenses
- Houston Chronicle: Texas Sex Abuse Exonerations
- HPD: Sex Crimes Division
- Reason: False Sex Crime Accusations Destroys Family, Legally
- Harris County DA: Victim Resources
- Office for Victims of Crimes