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Legal Blog
If child pornography is found on your computer, law enforcement will likely charge you with possession of child porn regardless of whether or not you intended to download it. It can feel like law enforcement already considers you to be guilty, and it’s up to you to prove your innocence. If you’ve been charged with possession of child porn, you need an experienced criminal defense attorney who can demonstrate that it was an accident.
Houston criminal defense attorney Ned Barnett has over 30 years of experience in defending people charged with criminal offenses. He provides aggressive, knowledgeable, and highly technical legal representation to ensure that you get a fair result.
To learn more about how he can help, call (713) 222-6767 or contact us online to schedule a free consultation.
Possession of Child Pornography Under Texas Law
Under Texas Penal Code Section 43.26, it is illegal for anyone to “knowingly or intentionally” possess any material that depicts a child younger than 18 engaged in sexual activity. Unless you have prior convictions, possession of child pornography is a third-degree felony in Texas. If convicted, you face a prison sentence of 2 to 10 years and a maximum fine of $10,000
To convict you, the prosecution must prove that you “knowingly or intentionally” downloaded child pornography. Thanks to high-speed internet and all the unscrupulous people and websites, accidentally downloading child pornography is much easier than many people think.
The Question of Age
The first issue is whether the image in question actually depicts a child under the age of 18. The website or person sharing the image with you may have claimed that the person was 18 or older, when in fact they were younger than 18. As a result, you can wind up being charged with possession of child pornography.
This can be problematic as the court or a jury will then determine whether the person appeared to be younger than 18. Regardless, the prosecution must prove that you knew the person was younger than 18. An experienced child pornography lawyer can help build a credible defense that persuades the judge or the jury that you honestly believed the person to be 18 or older.
Peer-to-Peer Networks and Websites
The internet provides various ways for users to upload and share images. Therefore, it’s possible to inadvertently obtain child pornography without intending to. Accidental downloads most often occur on peer-to-peer (P2P) networks, where child pornography is included when you thought you were getting something else. The files can be mislabeled, or child pornography can be included with other legal files.
Scam Websites and Hackers
Although they are somewhat rare, you should also be aware that there are malicious websites that will gain access to your computer and implant illegal files. In addition, it is also possible for hackers to gain access to your computer and download illegal files to your hard drive.
Proving Accidental Possession
Proving that you did not intend to possess child pornography is complicated and will require some technical expertise. Your computer, cellphone, or other devices will likely be confiscated by the police. But an experienced child pornography lawyer can use the following to demonstrate your innocence:
- You “deleted” the file. While it’s true that deleted files remain on your hard drive, the fact that you immediately deleted it can help prove that you did not intend to possess child porn.
- Your browser history. Your browser history will establish your internet history and show the search terms you used. This can be invaluable in demonstrating that you did not intend to possess child porn.
- The file history. Every file on your computer contains a history. It will show when you downloaded it when you last accessed it, and whether you did anything with it. The file history can show that you immediately deleted the file, it was downloaded along with several other files, or you never opened the file.
If other people have access to your computer or other devices, you may be able to show that the file was downloaded at a time when you were not using your computer. While it may not have been an accident for the person who downloaded it, it can at least prove that you were not the one who downloaded the images. It may also indicate that you have been hacked or the files were placed by a malicious website that you inadvertently visited.
Call Ned Barnett if You’re Facing Child Porn Charges
Child pornography charges are among the most serious criminal charges you can face. In addition to serious fines and lengthy prison sentences, a conviction can do irreparable damage to your reputation. You need someone who will fight for your rights and a fair result. Attorney Ned Barnett has had considerable success in Houston child porn cases and knows what it takes to show that having illicit materials was accidental.
If you’ve been charged with possession of child pornography, contact The Law Offices of Ned Barnett online or by calling (713) 222-6767 to schedule a free consultation.
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