Recent changes in Texas laws have made Possession or Promotion of Child Pornography a “3G” offense.
The term “3G” refers to the most serious crimes, for which a judge cannot sentence someone to straight probation.
Simply put, a conviction for Possession of Child Pornography — even just one image, even if the defendant has no prior criminal record — means a mandatory prison sentence.
Read on to learn more about what a 3G offense is and how Texas law defines ‘child pornography.’
What is a ‘3G’ Offense in Texas?
In addition to Possession or Promotion of Child Pornography, other 3G offenses in Texas include:
- Murder
- Capital Murder
- Aggravated Kidnapping
- Trafficking of Persons
- Continuous Trafficking of Persons
- Indecency with a Child
- Sexual Assault
- Aggravated Sexual Assault
- Injury to a Child, Elderly Individual, or Disabled Individual, under certain circumstances
- Aggravated Robbery
- Burglary, under certain circumstances
- Aggravated Promotion of Prostitution
- Compelling Prostitution
- Sexual Performance by a Child
- Use of Child in Commission of Offense
- Manufacture or Delivery of Substance in Penalty Group 1-B
3G offenses are the most serious felony charges one can face in Texas.
What does ‘3G’ mean in Texas?
The section of the Texas Penal Code that used to cover these offenses was Section 42.12(3)(g).
Even though the Penal Code has been restructured and these offenses are now listed in Article 42A.054 of the Code of Criminal Procedure, the “3G” label has stuck.
Accused of possessing or promoting child pornography?
If you face allegations of possessing or promoting child pornography, there are several steps you can take to preserve your legal rights.
Do not speak to law enforcement
Sitting down and having a conversation with police may seem like the rational thing to do, but doing so is not to your benefit.
Know that even mere allegations of child pornography can stir up strong emotions in police and other investigators. Law enforcement can be under immense pressure to break up child pornography rings and make arrests.
Nothing good will come from talking to the police, so invoke your right to remain silent and contact an attorney.
Do not agree to a voluntary search and seizure
Law enforcement may ask to see your phone, computer, or other electronic devices. Or, they may come to your home and ask to “take a look around.”
Investigators may even seem like they are helping you clear up your name. However, unless they have a valid search warrant, you should say a polite yet firm “no.”
Do contact a child pornography defense lawyer in Plano, Texas
Don’t wait to seek legal counsel if you’re accused of possessing child pornography or another 3G offense in Texas. Remember, these are serious charges and a judge cannot sentence you to straight probation.
How does Texas define ‘child pornography’?
When it comes to what is or is not child pornography, personal opinions do not matter in the court of law.
Section 43.26 of the Texas Penal Code defines child pornography as “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.”
And Section 43.25 of the Texas Penal Code further defines “sexual conduct” as “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.”
What is ‘promotion of child pornography’ in Texas?
According to Section 43.25 of the Texas Penal Code, “‘Promote’ means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.”
Defenses to Felony ‘3G’ Child Pornography Charges in Texas
There are possible affirmative defenses to possessing child pornography, including:
The accused is the depicted minor’s legal spouse. It is not a crime for a married couple to share sexual images of themselves with one another, even if one of them is a minor.
There was a lack of intent or knowledge. For example, the accused received an unsolicited email or text that they were unaware contained child pornography.
The law states that a crime is committed when “the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view” child pornography.
Close in age exemption. The accused is not more than two years older than the child.
Certain “bona fide” purposes. Images that are for an educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose may be exempt from criminal charges.
Possession of Child Pornography, a 3G Offense: FAQs
Below are answers to some of the most frequently asked questions about Possession or Promotion of Child Pornography, which is now a 3G offense. This information is a general overview of Texas law and is not a substitute for consulting an attorney about your specific case.
What is Texas Code of Criminal Procedure, Article 42A.054?
Article 42A.054 is titled “Limitation On Judge-Ordered Community Supervision.” This article states that for certain crimes, a judge cannot sentence someone to straight probation.
What is the prison sentence for child pornography?
In Texas, it is a felony to possess or promote child pornography. A conviction can result in anywhere from 2 to 99 years in prison.
Whether someone is charged with a first, second, or third degree felony is based on several factors, including:
- The number of visual depictions they are accused of possessing
- If they are employed in certain occupations
- If the alleged actor receives state funds for the care of a child depicted by the visual material
In addition, anyone convicted of possessing child pornography is listed on the state and national sex offender registries.
Possession of Child Pornography 3G Defense Attorney
Attorney Kent Starr has built a reputation for defending individuals facing serious charges, including 3G offenses. Feel free to watch past client testimonials and read through past client reviews.
One thing you will see is that again and again, past clients mention how Attorney Starr stuck by them for the long haul. He often represents clients for one or two years, or even longer, while he pursues the best possible outcome for their case.
Attorney Starr’s determination and experience set him apart from other criminal defense attorneys in Plano, Texas. If bringing your case in front of a judge or jury is in your best interest, he has the skills, determination, and resources to do so.
Attorney Starr is also happy to share the outcomes from cases similar to yours that he’s handled. These are all a matter of public record, and a testament to his commitment to his clients.
Attorney Starr is also a bail bonds attorney. If you have been arrested, one call to Starr Law, P.C. can start your legal representation and secure your release.
Contact Starr Law, P.C. today at 214-982-1408.
Related Articles
Possession and Distribution of Child Pornography: An overview of Texas law
What to Do When Accused of Child Pornography in Texas?
Resources
Texas Penal Code, Chapter 12. Punishments
Section 43.26. Possession Or Promotion Of Child Pornography
Article 42A.054. Limitation On Judge-Ordered Community Supervision
