Possession of Child Pornography Defense Lawyer

Possession of Child Pornography

Few offenses have become as deeply stigmatized as the possession of child pornography, and you should expect prosecutors in Dallas to pursue the charges that have been leveled against you aggressively. Bearing that in mind, you will need to do everything you can to protect yourself from the life-changing aspects of a conviction.

Suppose you have been arrested on charges associated with the possession of child pornography. In that case, the Dallas sex crimes attorneys at the Law Offices of Mark T. Lassiter are prepared to help you take the legal action necessary to defend your rights and protect your future.

Contact an experienced sex crimes attorney today for a free and confidential case evaluation. Call Law Offices of Mark T. Lassiter at (214) 845-7007 or contact us online to learn more about your legal options and how we can help you fight for your legal rights.

Do I Need a Dallas Sex Crimes Attorney to Handle My Case?

If you’ve been accused of possession of child pornography, you’re likely terrified about what will happen next. In these cases, convicted people typically face not only immediate consequences like jail time and steep financial penalties but also have to deal with lifetime impacts to their reputation, job, and lifestyle.

Trying to represent yourself in a child pornography possession case is incredibly risky, even if you don’t think you did anything wrong. These charges are so sensitive that multiple actions and conversations can be held against you, even when you are trying to do the right thing. Additionally, some portions of sex crime laws vary from state-to-state, so it can be difficult to know which federal state and federal laws apply to your circumstances unless you have a deep understanding of these laws.

When you’re grappling with something this significant, any mistakes you make in responding to the court or submitting paperwork and documentation could cost you the rest of your life. That’s why you need a top-quality sex crime lawyer on your side. A trusted and skilled attorney can fight for your legal rights and help you get the best possible outcome for your case.

How Can Law Offices of Mark T. Lassiter Help With My Case?

At Law Offices of Mark T. Lassiter, we have years of experience defending clients against criminal charges. As demonstrated through our case results and testimonials from former clients, our skilled legal team has helped people across Dallas and surrounding areas fight potentially life-changing charges and get on with their lives. We want to do the same for you.

If you have been charged with possession of child pornography, Law Offices of Mark T. Lassiter can provide you with a free and confidential case evaluation to review the specifics of your case and help you understand your legal options. Once we take on your case, we will launch a full investigation to gather evidence for your defense.

We can help determine what material is in question and how it came into your possession. In the midst of cases this sensitive, it’s possible that anything you do or say can be used against you when you least expect it. When you hire Law Offices of Mark T. Lassiter, we can work with witnesses and experts on your behalf so you don’t risk incriminating yourself.

For example, suppose you mistakenly accessed or downloaded questionable material when you thought you were accessing something else. In that case, we can work with computer forensics experts who can help prove where the material came from and how it got on your computer. Also, suppose you don’t know how the material ended on your computer. In that case, these experts can help determine if the material came from a shared network, was downloaded by another user, or when you were away from a shared computer.

Suppose you knowingly accessed pornography, but no one in the explicit material was actually a minor. In that case, we can help prove the true content of the material since it is legal to view adult pornography.

Most importantly, Law Offices of Mark T. Lassiter can help protect your legal rights and aggressively fight for you in court. We have your best interest in mind and will do all we can to help you overcome this frightening experience.

Types of Child Pornography Possession Cases Law Offices of Mark T. Lassiter Handles

At Law Offices of Mark T. Lassiter, we have the skills and resources to handle a range of child pornography possession cases, whether your charges involve receiving or distributing materials online, through the mail, or otherwise.

Laws covering child pornography are deeply complicated, involve confusing exceptions, and are difficult to understand unless you work with someone with a depth of knowledge and experience handling these types of cases. Some examples of cases that the knowledgeable sex crimes legal team at Law Offices of Mark T. Lassiter handles include:

  • Violation of rights, such as entrapment or illegal search. The Constitution and U.S. laws have several provisions to protect Americans against illegal police actions. For example, if police seized evidence without a warrant or the warrant was invalid, any material they took might not be admissible in court. Additionally, the charges might be invalid if the police set a trap to convince you to do something you wouldn’t have otherwise done or to purchase explicit content that wasn’t obviously child pornography.
  • Unintentional or accidental possession. Explicit material can accidentally end up in your possession in multiple ways. For example, if you bought a preowned computer or the computer is shared by colleagues, roommates, or in a public space, any number of people could have downloaded the material.

Additionally, if you used a public Wi-Fi network or your home wireless network was breached, someone could use this vulnerability to download porn without your knowledge. This can also expose your computer to malware or viruses involving explicit material.

In other cases, another individual might have intentionally planted the material on your computer. For example, in the midst of a contentious divorce, one spouse might download incriminating material onto their partner’s computer in an attempt to frame them.

  • Possession of legal pornography. Not all pornography is illegal. It is typically legal to possess pornographic materials if everyone pictured is 18 years old or older. Even if the content depicts a naked child, this might not be considered pornography.

Federal and Texas laws have very specific definitions for child pornography that must be met for the material to be illegal.  These laws include provisions for certain instances, such as content used for educational or scientific purposes and materials depicting someone who was your spouse when the material was created.

Penalties Associated with the Possession of Child Pornography in Dallas

Our legal team understands just how much is at risk for you in this case, and we will develop a legal strategy to help protect you from any of the penalties that the prosecution team will try to secure against you, including but not limited to the following:

Though the charges against you are exceedingly serious, our Dallas legal team will help you work through this difficult and frightening ordeal.

Possession of Child Pornography in Texas

Possession of Child PornographyThe Texas Penal Code, Sec. 43.26 discusses ‘Possession or Promotion of Child Pornography.’  According to this penal code, a person commits an offense “if the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, 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…” (see complete penal code being sent)

This crime is an offense under Subsection (a) and subsection (e) as seen below:

“An offense under Subsection (a) is a felony of the third degree, except that the offense is: (1)  a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under that subsection; and (2)  a felony of the first degree if it is shown in the trial of the offense that the person has been previously convicted two or more times of an offense under that subsection.”

“An offense under Subsection (e) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial that the person has been previously convicted of an offense under that subsection.

(h)  It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:

(1)  possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;”

Consult with a Sex Crime Attorney in Dallas

If you have been charged with the possession of child pornography, the Dallas sex crimes attorneys at the Law Offices of Mark T. Lassiter can help defend your rights and protect your future throughout the entirety of the coming legal process. To speak with a defense attorney in Dallas about the particulars of your charges, please call our Dallas offices at (214) 845-7007 today.

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