Fort Worth Child Pornography Lawyer

A charge involving child pornography — or even a knock on the door from investigators — is one of the most serious moments of a person’s life. The stakes include prison, sex offender registration, and a permanent mark on everything from employment to family life. Varghese Summersett’s criminal defense team is headquartered in downtown Fort Worth, two blocks from the Tim Curry Criminal Justice Center. The team includes Board Certified criminal law specialists and former Tarrant County prosecutors who have handled these cases from both sides. Everything you tell us is confidential. Call (817) 203-2220 — we answer 24/7.

Most of these cases begin long before an arrest. Tech companies file reports with the National Center for Missing & Exploited Children (NCMEC) CyberTipline, internet providers flag accounts, peer-to-peer networks are monitored, and task forces focused on internet crimes against children develop cases quietly. By the time Fort Worth police or federal agents execute a search warrant and seize every device in the home, the investigation may have been underway for months — and the forensic examination of those devices can take months more.

If your devices have been seized but you have not been charged, you are in the investigation window. This is the most valuable time to hire counsel. We can engage before charges are filed, shield you from interviews you should not give, and in some cases influence whether — and what — charges are ultimately brought.

State charges under Texas Penal Code 43.26 are prosecuted by the Tarrant County Criminal District Attorney’s Office in the district courts at the Tim Curry Criminal Justice Center. Cases with an interstate element — which can be as little as material transmitted over the internet — can instead be charged federally in the Northern District of Texas, Fort Worth Division.

The difference matters enormously. Federal charges typically carry harsher sentencing ranges, and some federal offenses — such as receipt or distribution — carry mandatory minimum prison sentences. Which courthouse your case lands in changes the strategy from day one. Our attorneys defend these cases in both state and federal court.

The 2025 amendments to Texas Penal Code § 43.26 created the most complex penalty structure in the Texas Penal Code. The offense level depends on the type of material (real child vs. computer-generated), the number of visual depictions, the age of the child depicted, prior convictions, and whether the offender held a position of trust over children. These factors operate as a matrix — any combination can compound to increase the punishment.

Possession of Depictions of Real Children (§ 43.26(a-1))

The base offense for possessing material that depicts a real child engaging in sexual conduct is a third-degree felony. The offense level increases with the number of images, prior convictions, and other aggravating factors:

Age Enhancement: Child Under 10 (§ 43.26(c-2))

The 2025 law added a separate age enhancement that layers on top of the base offense level. If the material depicts a child who appears to be younger than 10 years old, the punishment increases as follows:

This means the number of images sets the baseline penalty tier, and the age of the depicted child acts as an enhancement that ratchets it up further. Prior convictions and the offender’s position of trust serve as additional, independent pathways to a higher punishment.

Promotion of Child Pornography / Possession with Intent to Promote (§ 43.26(e))

Promoting child pornography — or possessing it with the intent to promote — is charged separately and carries higher penalties. “Promote” means to 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 these things.

A conviction under Penal Code 43.26 also requires registration as a sex offender. For the complete breakdown of offense levels, bonds, 3G status, registration, and the statute of limitations, see our full guide to possession of child pornography charges in Texas.

Most people charged under Penal Code 43.26 in Tarrant County are eligible for bond, but the conditions matter as much as the amount. Courts routinely impose restrictions on internet and computer use, prohibit contact with minors — which can complicate living in your own home if you have children — and may require monitoring. These conditions take effect immediately and can upend your job, your family arrangements, and your ability to participate in your own defense.

We fight for bond conditions you can actually live under, and when conditions are unworkable, we move to modify them. How your bond is structured in the first weeks often shapes the entire case.

These cases are more defensible than most people believe — but the defenses are technical, and they start with questions most lawyers never ask:

• Was the search lawful? The warrant, and the CyberTip chain behind it, can be challenged.
• Who actually possessed the files? Shared homes, shared computers, open Wi-Fi networks, and malware all matter.
• What do the forensics really show? Cached files, deleted material, automated downloads, and file dates tell a very different story than an indictment does.
• Can the State prove age and identity? The State must prove the material depicts an actual child.
• Do statutory defenses apply? Texas law contains specific affirmative defenses that apply in limited circumstances.

We retain independent digital forensic experts, move early, and work quietly. In some investigations, the best outcome is one the public never sees — because charges are never filed.

Our criminal defense team includes five Board Certified specialists and former Tarrant County prosecutors at the partner level. We try cases in the courtrooms two blocks from our office, in front of judges and prosecutors we have known for decades. These cases demand both technical defense work and complete discretion — and that is exactly how we handle them.

Do not talk to investigators before you talk to a lawyer. Call (817) 203-2220 for a confidential consultation, 24 hours a day, or contact us through our secure form. Se habla español.