San Antonio Child Pornography Lawyer

Child pornography charges can ruin your life, even if they’re later proven to be false. Even if you’re innocent, sex crimes against children are so inflammatory that the public is quick to judge and prosecutors go to great lengths to secure a conviction. You may feel that no one is willing to listen to you or defend your rights in the criminal justice system.

The criminal defense attorneys at Hunter, Lane & Jampala PLLC are here for you. We provide experienced representation to clients charged with child pornography offenses in San Antonio and throughout South Texas. We know that you’re worried about your future and will use our collective skills and experience to fight for your reputation and freedom. 

Federal Child Pornography Laws

Child pornography is defined by federal law as any visual portrayal of sexually explicit conduct involving a minor. The production, distribution, receipt, or possession of any child pornography images (also known as child sexual abuse images) is strictly prohibited, and being convicted can result in severe statutory penalties, including imprisonment and registration as a sex offender.

For federal jurisdiction to apply, the materials have to be transported or shipped in interstate commerce. Internet access and computers generally fulfill this requirement.

It is important to note that under federal law, a minor is anyone under the age of 18: the age of consent in the state where the crimes were committed does not matter. In Texas, the age of consent is 17, but if you possess sexually explicit materials of a 17-year-old, you can face federal child pornography charges.

In addition:

• A convicted offender may also need to pay fines and restitution to any identified victim of the offense. 
• Being convicted of a child pornography offense will require registration as a sex offender.

Possession of Child Pornography

Under 18 U.S.C. § 2252, it is illegal to possess media depicting a minor under the age of 18 engaging in sexual conduct. This media includes but may not be limited to photos, videos and, in some cases, written materials. Even if you don’t download it, an active search for such material can indicate an intent to view or possess it. In addition, it is against the law to search for and view child pornography, even if the images are later deleted or destroyed.

A person convicted of intentionally possessing child pornography can be sentenced to up to 10 years in prison. If the minor in the images is under the age of 12 or you share the material with others, the punishment is even more severe.

Receipt and Distribution of Child Pornography

Anyone convicted in a federal court of receiving or distributing child pornography faces a prison sentence of five to 20 years for a first offense. A second conviction entails a minimum of 15 years in prison, though the judge can sentence you to up to 40 years.

Use of Child in Sexual Performance

Under federal law, anyone who is found guilty of getting a minor to engage in sexually explicit conduct for the purpose of creating a video or photograph is guilty of a felony. If convicted, you face a mandatory minimum sentence of 15 years in prison. A second conviction carries a mandatory minimum sentence of 25 years. In the event of a third conviction, there is a mandatory minimum sentence of 35 years, but a judge can impose a sentence of up to life in prison.

Defenses to Child Pornography Charges

There are various child pornography defenses depending on the charge. For example:

• 18 U.S.C. 2252 (c)(1) identifies certain affirmative defenses. If you had fewer than three images or movies and “promptly and in good faith” deleted the pictures or reported them to law enforcement, this may constitute a defense.
• Someone else may have had access to your computer and used it to look at or download child pornography without your knowledge or consent.
• You may have used a shared or unsecured network that someone else accessed to download child pornography without your knowledge.
• You may have inadvertently seen child porn on your computer via pop-up ads or malicious emails, causing it to show up in your browsing history.
• The police made procedural errors that violated your Fourth Amendment rights.
• You possessed the images for a bona fide reason, such as a medical, educational, psychological, law enforcement, judicial, or legislative purpose.
• The ‘child’ in the imagery was actually 18 or older.

For years, the criminal defense team at Hunter, Lane & Jampala PLLC has represented individuals charged federal child pornography cases. We have built a reputation for aggressively fighting these charges and winning results. We will listen to your story and help you put together the strongest defense for your circumstances.

When Should I Hire a San Antonio Child Pornography Lawyer?

If you have been accused of a child pornography crime, it can be a hugely stressful experience. Considering its sensitive nature, even being charged with this type of offense can carry a lot of stigma. An experienced San Antonio child pornography lawyer can assist you in obtaining the strongest possible defense from the start, which increases your chances of putting this difficult experience behind you.

At Hunter, Lane & Jampala PLLC, we protect your rights at all stages of your case, from investigation to arrest to trial. We can:

• Strive to secure your release with under the best conditions
• Guide you through the criminal justice system
• Ensure that the prosecution fulfills its discovery obligations
• Recognize systematic or administrative errors, including violations of your Fourth Amendment rights
• Negotiate with the prosecution on your behalf, and advise you of your options
• Assess all of the evidence against you and build a solid defense
• Collect additional evidence to support your version of events
• Seek a more lenient sentence in the event of a guilty plea or conviction

Child pornography cases are complicated and based on specific facts. The best way to mount a successful defense in a federal proceeding is to hire an attorney. For more information about how we can help, please contact our team.

Do I Have to Register as a Sex Offender if I am Convicted?

Possession of child pornography, whether the outcome is a felony conviction or a deferred adjudication probation, will normally subject you to lifelong registration as a sex offender under Texas law, although you may be able to terminate the obligation early under the state deregistration process.

Sex offender registration comes with a variety of restrictions that may include limited housing options, travel restrictions, denial of certain employment opportunities, an Internet ban, and a prohibition on contact with minors. Your San Antonio child pornography lawyer at Hunter, Lane & Jampala PLLC will work hard to get your charges reduced or dropped so that you don’t face this difficult outcome.

What is the ‘Accidental Possession’ Defense?

Hackers and other cyber criminals make the Internet a risky place. Your computer could be infected by malware, a virus, a spam link, and other contaminants without your consent or even knowledge. In fact, a hacker may be able to download child porn or other illegal images onto your computer without you even knowing about it. 

People tend to have many files on their computers they are unaware of. This type of accidental possession can be used as a child pornography defense, especially if there is no evidence that you viewed the images at any time.

Contact a San Antonio Child Pornography Lawyer Today

If you’ve been accused of a child pornography offense, this is probably the most terrifying time of your life. Your reputation, career, and freedom are at stake. It’s important that you hire a San Antonio child pornography lawyer who understands what you’re going through and has the specialized knowledge required for this type of highly sensitive case. 

At Hunter, Lane & Jampala PLLC, we will fight to protect your future from the severe and long-lasting consequences of a state or federal conviction. We’re here to listen to you and keep a false accusation or mistake from impacting your life forever. Call (866) 358-2235 today for a free initial consultation or contact us online.