Dallas Child Pornography Lawyer

Being accused of possessing, distributing, or producing child pornography is one of the most serious criminal allegations you can face. In Dallas, these charges can be prosecuted in either Texas state court or federal court, and both carry severe penalties that can include decades in prison and lifetime sex offender registration. If you or someone you love is under investigation or has been arrested, you need an experienced defense attorney who understands how to fight these cases at both levels.

At Varghese Summersett, our Dallas criminal defense attorneys have decades of combined experience defending clients against child pornography charges in state and federal courts. We know how frightening this situation is, and we’re here to protect your rights, your reputation, and your future.

Call (214) 903-4000 for a free, confidential consultation with a Dallas child pornography defense attorney.

What Constitutes Child Pornography Under Texas Law?

Texas defines child pornography broadly to include any visual material that depicts a child younger than 18 years of age engaging in sexual conduct. Under Texas Penal Code § 43.26, this includes photographs, films, videos, digital images, and computer-generated images. The law covers not just physical photographs but also electronic files stored on computers, phones, tablets, and cloud storage accounts.

The term “sexual conduct” is defined broadly under Texas law to include actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, and lewd exhibition of the genitals. Images that might seem ambiguous to a layperson can still result in criminal charges if prosecutors believe they meet this definition.

State vs. Federal Child Pornography Charges

One of the most important things to understand about child pornography cases is that they can be prosecuted at either the state or federal level, and sometimes both. The jurisdiction that handles your case will significantly impact your potential penalties and the strategies available for your defense.

When Cases Are Prosecuted in Texas State Court

Texas state courts typically handle cases involving possession of child pornography when the images were found on a single device with no evidence of interstate transmission. State prosecutors in Dallas County pursue these cases aggressively, and convictions carry serious consequences including prison time and mandatory sex offender registration.

Under Texas Penal Code § 43.26, the penalties for possession depend on the number of images involved. Possessing fewer than 10 visual depictions is a third-degree felony. Possessing 10 to 49 images is a second-degree felony. Possessing 50 or more images, or any video depicting child sexual conduct, is a first-degree felony punishable by up to life in prison.

When Cases Are Prosecuted in Federal Court

Federal prosecutors get involved when child pornography crosses state lines, is transmitted over the internet, or involves particularly large collections of material. Because the internet is inherently interstate commerce, most cases involving online activity can be prosecuted federally. Understanding the differences between state and federal prosecution is essential when building your defense strategy.

Federal child pornography charges are prosecuted under 18 U.S.C. § 2252 and related statutes. First-time possession charges carry mandatory minimum sentences of 5 to 20 years in federal prison. Distribution charges carry mandatory minimums of 5 to 40 years. Production charges carry mandatory minimums of 15 to 30 years. These are true mandatory minimums with no possibility of probation in most cases.

Facing an investigation? Contact our Dallas office immediately at (214) 903-4000 for a confidential consultation.

Penalties for Child Pornography Offenses in Texas

The penalties for child pornography offenses in Texas are among the harshest in the criminal code. Understanding what you’re facing helps you appreciate why having experienced legal representation is so critical.

Possession of Child Pornography

Under Texas Penal Code § 43.26, possession penalties escalate based on the quantity of images:

• Fewer than 10 visual depictions: Third-degree felony (2 to 10 years in prison, up to $10,000 fine)
• 10 to 49 visual depictions: Second-degree felony (2 to 20 years in prison, up to $10,000 fine)
• 50 or more visual depictions, or any video: First-degree felony (5 to 99 years or life in prison, up to $10,000 fine)

Promotion of Child Pornography

Promoting or distributing child pornography is a second-degree felony under Texas Penal Code § 43.26(e), carrying 2 to 20 years in prison. If the defendant has a prior conviction or the material depicts a child under 14, it becomes a first-degree felony with penalties of 5 to 99 years or life imprisonment.

Sex Offender Registration

A conviction for any child pornography offense requires lifetime registration as a sex offender in Texas. This registration is public, meaning anyone can search your name and find your address, photograph, and conviction details. Registration requirements affect where you can live, where you can work, and virtually every aspect of your daily life for the rest of your time on this earth.

How Child Pornography Investigations Begin

Understanding how these investigations typically start can help you recognize when you might be under investigation and need to contact an attorney. Law enforcement agencies use multiple methods to identify and investigate suspected offenders.

National Center for Missing and Exploited Children Reports

Internet service providers, social media platforms, and cloud storage companies are legally required to report any apparent child pornography they discover to the National Center for Missing and Exploited Children (NCMEC). When these companies detect flagged hash values associated with known child sexual abuse material, they generate a CyberTip that gets forwarded to local law enforcement. These automated detection systems scan billions of images and can trigger investigations without any human complaint being filed.

Peer-to-Peer Network Monitoring

Law enforcement agencies actively monitor peer-to-peer file sharing networks like BitTorrent, eMule, and similar platforms. Investigators connect to these networks and identify IP addresses that are sharing files with names or hash values associated with child pornography. They then obtain subpoenas to identify the account holder associated with that IP address.

Undercover Operations

Federal and state agents conduct undercover operations in online chat rooms, forums, and websites where child pornography is known to be traded. These operations can result in charges for anyone who attempts to receive, distribute, or produce illegal material through these platforms.

If investigators have contacted you or executed a search warrant, call (214) 903-4000 immediately. Early intervention can make a significant difference in your case.

Defense Strategies in Child Pornography Cases

Despite the serious nature of these charges, effective defenses exist. Our Texas child pornography defense attorneys have successfully challenged these cases using multiple strategies.

Challenging the Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence without a valid warrant or exceeded the scope of their warrant, that evidence may be suppressed. Many child pornography cases begin with problematic searches, and constitutional violations can result in case dismissal.

Questioning Digital Evidence

Digital evidence is more complex than prosecutors often acknowledge. Deleted files can be recovered and attributed to the wrong person. Malware can download files without the user’s knowledge. Shared networks and devices make it difficult to prove who accessed specific material. Our attorneys work with forensic computer experts who can identify weaknesses in the prosecution’s digital evidence.

Proving Lack of Knowledge

To secure a conviction, prosecutors must prove you knowingly possessed child pornography. If files were downloaded automatically, embedded in other files, or placed on your device by someone else, you may have a defense based on lack of knowledge or intent.

Challenging Age Determinations

Prosecutors must prove beyond a reasonable doubt that the individuals depicted are minors. In some cases, this determination is based solely on visual assessment without any corroborating evidence. Expert testimony about age estimation can raise reasonable doubt.

What Happens After a Dallas Child Pornography Arrest

If you’re arrested for child pornography in Dallas County, you’ll be taken to the Lew Sterrett Justice Center for booking and processing. You’ll appear before a magistrate who will set bail conditions. Given the serious nature of these charges, bail amounts are typically high, and the court may impose restrictions on your internet access, contact with minors, and travel.

Your case will be assigned to a Dallas County district court or, if federal charges are filed, to the U.S. District Court for the Northern District of Texas. The timeline for these cases varies significantly depending on the complexity of the digital evidence and whether the case is prosecuted at the state or federal level.

Proven Results in Child Pornography Cases

Our attorneys have a track record of achieving favorable outcomes in even the most challenging cases. While every case is different and past results don’t guarantee future outcomes, these examples demonstrate our ability to fight for our clients.

In one recent case, our team represented a client charged with possession of child pornography. Through careful negotiation and presentation of mitigating factors, we secured a disposition of 8 months deferred adjudication, allowing our client to avoid prison and work toward clearing his record.

In another case, we represented a client facing possession of child pornography charges where the investigation revealed significant issues with how evidence was collected and attributed. We achieved a complete dismissal of all charges, protecting our client’s freedom and reputation.

We’ve also successfully prevented charges from being filed in cases where our attorneys intervened during the investigation phase. In one matter involving allegations of possession of child pornography with fewer than 100 visual depictions, we presented evidence to prosecutors that resulted in the case being rejected before any charges were filed.

Why Choose Varghese Summersett

Child pornography cases require attorneys with specific experience in both the criminal law and the complex digital evidence these cases involve. Our firm brings unique qualifications to these difficult cases.

Our team includes attorneys with extensive experience in internet-related criminal cases who understand both the technology and the law. We work with forensic computer experts who can analyze devices, challenge the prosecution’s evidence, and identify alternative explanations for how material ended up on a client’s computer.

With more than 70 team members across four Texas offices, including our Dallas location, we have the resources to thoroughly investigate and aggressively defend these serious cases. Our attorneys have secured more than 1,600 dismissals and 800 charge reductions in criminal cases, demonstrating our commitment to fighting for the best possible outcomes.

Your future is too important to trust to just any lawyer. Call (214) 903-4000 today to schedule your free consultation.

Collateral Consequences of a Conviction

Beyond the prison time and fines, a child pornography conviction creates lasting consequences that will affect every aspect of your life. Understanding these collateral consequences helps explain why fighting these charges so vigorously is essential.

Employment opportunities will be severely limited. Most employers conduct background checks, and a sex offense conviction will disqualify you from countless positions. Careers in education, healthcare, childcare, and many other fields will be permanently closed to you.

Housing becomes difficult to find. Many landlords refuse to rent to registered sex offenders, and laws restrict where sex offenders can live, often prohibiting residence near schools, parks, or other places where children gather.

Professional licenses may be revoked or denied. Doctors, lawyers, nurses, teachers, and many other professionals face automatic license revocation after a sex offense conviction.

Personal relationships suffer. The stigma of a child pornography conviction strains relationships with family, friends, and community members. Custody and visitation rights may be affected if you have children.

Frequently Asked Questions

Can I be charged if I didn’t know the files were on my computer?

Texas law requires that you knowingly possess child pornography to be convicted. If files were downloaded through malware, placed on your device by someone else, or downloaded automatically without your knowledge, you may have a valid defense. However, prosecutors will argue that evidence of browsing history, file organization, and other factors demonstrate knowledge. An experienced attorney can evaluate your specific situation and build the strongest possible defense.

What’s the difference between state and federal charges?

State charges are typically prosecuted for simpler possession cases with no interstate element. Federal charges apply when material crossed state lines, was transmitted over the internet, or involves larger quantities. Federal charges carry mandatory minimum sentences and are generally more severe. Many cases could be prosecuted either way, and the decision often depends on which agency investigates and the priorities of local prosecutors.

Will I have to register as a sex offender?

Yes. Any conviction for a child pornography offense in Texas requires lifetime registration as a sex offender. This registration is public and imposes significant restrictions on where you can live, work, and travel. Registration requirements are one of many reasons why fighting these charges is so important.

Can these charges be expunged?

If charges are dismissed or you’re acquitted at trial, you may be eligible for expunction of your arrest record. However, if you’re convicted, the conviction will remain on your record permanently. Texas does not allow expunction or nondisclosure for sex offenses. This is another reason why achieving a dismissal or acquittal is so critical.

Should I talk to investigators if they contact me?

No. You have the right to remain silent, and you should exercise that right until you’ve spoken with an attorney. Anything you say to investigators can and will be used against you. Even innocent statements can be misinterpreted or taken out of context. Contact a defense attorney immediately and let us handle all communications with law enforcement.

Protect Your Rights and Your Future

A child pornography accusation can destroy your life, but a charge is not a conviction. With the right defense, many of these cases can be successfully challenged. Whether the issues lie in how evidence was obtained, problems with digital forensics, or constitutional violations in the investigation, our attorneys know how to identify weaknesses and fight for the best possible outcome.

Time is critical in these cases. The sooner you involve experienced defense counsel, the more options we have to protect your rights. Early intervention can sometimes prevent charges from being filed at all.

Don’t let a child pornography accusation destroy your life. Our Dallas criminal defense attorneys are standing by to help. Call (214) 903-4000 now for your free, confidential consultation.