If you’ve been arrested for child pornography in Denton County, you are facing one of the most serious charges under Texas law. A conviction can result in years in prison, lifetime sex offender registration, and permanent damage to your reputation, career, and relationships. The stakes could not be higher, and the time to act is now.
The experienced Denton County criminal defense attorneys at Varghese Summersett have successfully defended clients facing child pornography charges, securing dismissals and favorable outcomes in cases that seemed impossible. We understand the fear and uncertainty you’re experiencing, and we’re here to fight for your future.
Why Clients Trust Varghese Summersett With Child Pornography Cases
Child pornography charges demand attorneys who understand the technical, legal, and investigative complexities involved. Our criminal defense team brings over 100 years of combined experience to every case. Lead attorney Benson Varghese is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 10% of Texas attorneys. Our team includes former prosecutors who understand how these cases are built and where weaknesses can be found.
The firm has secured over 1,600 dismissals and 800 charge reductions across our Fort Worth, Dallas, Houston, and Southlake offices. In one child pornography case, our attorneys secured a complete dismissal when we demonstrated critical flaws in the prosecution’s evidence chain. Our 70-member team includes investigators and forensic experts who examine every aspect of digital evidence.
Disclaimer: Past results do not guarantee future outcomes. Every case is different.
What Is Child Pornography Under Texas Law?
Under Texas Penal Code § 43.26, it is illegal to knowingly or intentionally possess, access with intent to view, or promote visual material depicting a child engaging in sexual conduct. The law applies to photographs, videos, digital images, and other visual recordings.
To secure a conviction, the prosecution must prove several elements beyond a reasonable doubt:
- The defendant knowingly or intentionally possessed or accessed the material
- The material visually depicts a child (under 18 years old)
- The child is engaged in sexual conduct as defined by statute
- The defendant knew the character and content of the material
Texas also criminalizes the promotion of child pornography under Texas Penal Code § 43.26(e), which includes distributing, selling, or producing such material. These charges carry even more severe penalties than possession.
Penalties for Child Pornography in Denton County
The penalties for child pornography offenses in Texas are severe and vary based on the number of images, the nature of the material, and whether the defendant has prior convictions:
- Possession of fewer than 10 images: Third-degree felony, punishable by 2-10 years in prison and fines up to $10,000
- Possession of 10-49 images: Second-degree felony, punishable by 2-20 years in prison and fines up to $10,000
- Possession of 50+ images or video: Second-degree felony enhanced, punishable by 2-20 years
- Possession of 100-500 images: First-degree felony, punishable by 5-99 years or life in prison
- Promotion of child pornography: Second-degree felony, enhanced to first-degree with video content
Beyond incarceration, a conviction requires mandatory registration as a sex offender, which affects where you can live, work, and travel for the rest of your life.
Bond Amounts for Child Pornography Charges in Denton County
Child pornography cases in Denton County carry some of the highest bond amounts in the criminal justice system. Based on our analysis of recent Denton County bond data, here’s what defendants typically face:
- Basic possession: Bonds typically start at $20,000 and average over $226,000
- Possession of 50+ images or video: Most common bond is $50,000, with averages around $200,000
- Possession with intent to promote: Bonds commonly set at $250,000, with some exceeding $100,000
- Cases involving victims under 10: Bonds average $150,000
- Large quantities (100-500 images): Average bonds exceed $500,000
Several factors affect bond amounts in these cases, including the number of images, whether the material depicts particularly young children, the defendant’s criminal history, and flight risk concerns. Our attorneys regularly argue for bond reductions and have successfully secured release for clients facing serious charges.
How Are Child Pornography Cases Investigated?
Child pornography investigations in Denton County often involve multiple law enforcement agencies working together. The Internet Crimes Against Children (ICAC) Task Force, which includes officers from local, state, and federal agencies, conducts many of these investigations.
Common investigation methods include:
- Peer-to-peer network monitoring where officers track file-sharing activity
- Tips from the National Center for Missing and Exploited Children (NCMEC)
- Reports from technology companies that detect prohibited content
- Search warrants executed on electronic devices and cloud storage
- Forensic examination of computers, phones, and storage media
Understanding how these investigations work is essential to building an effective defense. Our attorneys have experience challenging the methods used to obtain evidence and the forensic analysis that follows.
Defense Strategies for Child Pornography Cases
Every case is different, but our attorneys explore multiple defense strategies depending on the facts:
Lack of knowledge: The prosecution must prove you knew the material existed and knew its content. Malware, viruses, or unauthorized access to your devices can place files without your knowledge.
Illegal search and seizure: If law enforcement obtained evidence without a valid warrant or exceeded the scope of a warrant, that evidence may be suppressed.
Chain of custody issues: Digital evidence must be properly preserved and documented. Gaps in the chain of custody can create reasonable doubt.
Age determination: The prosecution must prove the individuals depicted are minors. In some cases, this element cannot be established beyond a reasonable doubt.
Forensic challenges: Our team works with digital forensics experts who can examine evidence for exculpatory data, including timestamps, user attribution, and evidence of third-party access.
For more information on how searches are conducted in these cases, see our article on illegal internet searches and your rights.
What to Do If You’re Under Investigation
If you learn you’re being investigated for child pornography, or if law enforcement has already contacted you, take these steps immediately:
Exercise your right to remain silent. Do not speak to investigators without an attorney present. Anything you say can and will be used against you.
Do not destroy evidence. Tampering with evidence is a separate crime and can make your situation significantly worse.
Contact a defense attorney immediately. Early intervention can sometimes prevent charges from being filed or result in more favorable outcomes.
Document everything. Write down the names of officers who contacted you, what was said, and what was taken.
If your loved one has been arrested on these charges, call us immediately. We can work to secure their release and begin building a defense.
The Legal Process for Child Pornography Cases in Denton County
Child pornography cases in Denton County follow a specific process, though cases may be prosecuted in state or federal court depending on the circumstances:
Arrest and booking: After arrest, you’ll be taken to the Denton County Jail for processing. A magistrate will set an initial bond, typically within 24-48 hours.
Grand jury: Because these are felony charges, a grand jury must decide whether to indict. This is an opportunity for defense attorneys to present favorable evidence.
Discovery and investigation: Both sides exchange evidence. Our team conducts independent investigation and forensic analysis.
Pre-trial motions: We file motions to suppress illegally obtained evidence, challenge search warrants, and address other procedural issues.
Plea negotiations or trial: Depending on the evidence, we negotiate with prosecutors for reduced charges or prepare for trial.
Throughout this process, we keep you informed and involved in every decision. You’ll never wonder what’s happening with your case.
Sex Offender Registration Requirements
A conviction for child pornography in Texas requires registration as a sex offender. The registration requirements are extensive and include:
- Registering with local law enforcement every year (or more frequently in some cases)
- Providing home address, employment information, and vehicle details
- Restrictions on where you can live and work
- Public listing on sex offender databases
- Notification requirements when moving or traveling
For many offenses under Texas Penal Code § 43.26, registration is required for life. Learn more about sex offender registration requirements and how they may affect your future.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to defend you against child pornography charges, you get a team that fights for you at every stage. We begin with a thorough review of the evidence and investigation methods used in your case. Our attorneys work with forensic computer experts to examine digital evidence and identify weaknesses in the prosecution’s case.
We communicate regularly and honestly. You’ll have direct access to your attorney, and we’ll explain every aspect of your case in terms you understand. We know the anxiety of waiting for updates, so we keep you informed throughout the process.
Most importantly, we treat you with dignity and respect. We understand that good people can find themselves in terrible situations, and we fight to protect your rights and your future.
Watch: Texas Child Pornography Laws Explained
Watch our attorneys explain the line between legal and illegal when it comes to Texas child pornography laws:
Frequently Asked Questions
Can child pornography charges be dismissed?
Yes. Our attorneys have secured dismissals in child pornography cases by challenging search warrants, demonstrating lack of knowledge, and exposing flaws in forensic evidence. The outcome depends on the specific facts of your case.
Will I have to register as a sex offender?
A conviction for possession or promotion of child pornography requires sex offender registration, often for life. Avoiding a conviction is the only way to avoid registration.
Can these cases be handled in federal court?
Yes. Child pornography cases involving interstate commerce, the internet, or certain circumstances may be prosecuted federally, where penalties are often more severe. Our attorneys handle both state and federal cases.
What if someone else used my computer?
The prosecution must prove you knowingly possessed or accessed the material. If others had access to your devices, this can be a viable defense. Our forensic experts can analyze usage patterns and user attribution.
Should I talk to police if they contact me?
No. Politely decline to answer questions and contact an attorney immediately. Law enforcement may suggest that cooperation will help, but statements made without an attorney present often make things worse.
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If you or someone you love is facing child pornography charges in Denton County, the time to act is now. Call (940) 252-2220 today for a free, confidential consultation. Our attorneys are available 24 hours a day, 7 days a week, because we know these situations don’t wait for business hours. Let us put our experience to work protecting your future.
