Law enforcement vigorously pursues crimes against children, particularly crimes like Possession and Distribution of Child Pornography. But in that pursuit, accusations can be made against individuals who are not guilty.
Read on to learn more about Possession and Distribution of Child Pornography, including the Texas Penal Code’s definition, the penalties for a conviction, and why it’s critical to hire an experienced and skilled attorney to represent you.
What Is “Distribution” of Child Pornography?

Informally, people may use the term “distribute” to describe the transfer of child pornography images from one individual to another.
But note that Texas Penal Code § 43.26 is titled “Possession Or Promotion Of Child Pornography.” And the state has a very specific definition of “promotion”:
“Promotion” includes distribution but also “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.”
Note that each state has its own laws and definitions regarding child pornography.
Penalties for Possession and Distribution of Child Pornography
In Texas, Possession and Distribution of Child Pornography is a felony.
Whether someone is charged with a first, second, or third degree felony is based on several
factors, including:
- How many visual depictions the actor is accused of having in their possession
- Certain prior convictions
- If the actor is an employee at any of the following:
- a child-care facility or a residential child-care facility, as those terms are defined by Section 42.002, Human Resources Code,
- a residential treatment facility established under Section 221.056, Human Resources Code, or at
- a shelter or facility that serves youth and that receives state funds;
- If the actor receives state funds for the care of a child depicted by the visual material.
The penalties for a felony conviction in Texas can include a fine of up to $10,000 and imprisonment from anywhere to 2 years to 99 years. Anyone convicted also has to register as a sex offender.
Accused of Possession and Distribution of Child Pornography? Preserve Your Legal Rights
If law enforcement knocks on your door, or asks you to come to the local police station, or places you under arrest, the next steps you take are critical. Know that as the accused party in an investigation, you have legal rights.
You have the right to remain silent. You do not have to answer law enforcement’s questions. It’s in your best interest to respond with a firm, “I’m invoking my right to remain silent. I would like to call an attorney.”
You can refuse voluntary requests. Unless the police have a valid search warrant, you should not hand over your computer, phone, or allow them to search your home or office. You also do not have to go to the police station for questioning or to “clear up a misunderstanding.”
If you are unsure if you are free to walk away from the police, ask, “Am I being detained? Or am I free to go?”
Do not discuss the matter with anyone other than your attorney. It can be difficult to stay silent when you are not guilty and your reputation is at stake. But, simple statements can be misconstrued and twisted.
Defenses to Child Pornography Charges
In any criminal case — including possession and distribution of child pornography — the burden is on the prosecution to prove, beyond a reasonable doubt, that a crime occurred. There are several possible defenses to these charges, including:
- Someone else had access to your electronic device and used it to download/receive and promote child pornography without your knowledge or permission.
- You didn’t know the nature of the images someone sent you. Remember, the law says “knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view”
- Under specific circumstances, it is an affirmative defense for a law enforcement officer or school administrator to possess images if they are investigating a crime pertaining to § 43.261. Electronic Transmission Of Certain Visual Material Depicting Minor.
The details of each case are unique. It’s critical that you hire an experienced attorney who can build a strong defense strategy specific to your case.
Possession and Distribution of Child Pornography in Texas: FAQs
Below are answers to some of the most commonly asked questions about child pornography charges in Texas. This information is a general overview of the law and is not a replacement for talking to an attorney about your specific case.
Is Possession and Distribution of Child Pornography a felony?
It is a felony to possess and promote child pornography, according to Texas Penal Code, § 43.26.
The penalties for a felony conviction in Texas can include a fine of up to $10,000 and imprisonment from anywhere to 2 years to 99 years.
Is Possession and Distribution of Child Pornography a state or federal crime?
In “Citizen’s Guide To U.S. Federal Law On Child Pornography”, the U.S. Department of Justice states, “It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.”
These are often complex cases, which is why it’s so important to hire an experienced child pornography defense attorney like Kent Starr.
Do you have to register as a sex offender if convicted of Possession and Distribution of Child Pornography?
Yes, anyone convicted of possessing and distributing child pornography must register as a sex offender in Texas. These individuals are listed on both the Texas Sex Offender Registry and the National Sex Offender Public Website.
Why Hire Attorney Kent Starr to Represent You?
First and foremost, Attorney Starr wants the same resolution that you do — the best possible outcome for your case so that you can move on with your life with as few restrictions as possible.
And, he has a proven track record of going to bat for his clients who faced tough felony charges. Just take a look at his client reviews. He represents clients for one, two, even three years — long after other attorneys would recommend a plea bargain.
Possession and Distribution of Child Pornography is a serious felony charge. You need an attorney who has handled these types of cases before. This is not the time to hire a rookie or an unmotivated attorney who wants to avoid going to trial.
Attorney Starr also has the advantage of being a bail bonds attorney in Plano, TX. One call to his office can secure your freedom and start your legal representation. Call Starr Law, P.C. today for your free consultation, 214-982-1408.
References
Texas Penal Code, § 43.26. Possession Or Promotion Of Child Pornography
Citizen’s Guide To U.S. Federal Law On Child Pornography
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