In Texas, indecency with a child is a criminal offense that is more commonly known as “child molestation”. But for a person to be convicted of this crime, the state’s lawyers must present enough proof that determines whether the victim was a minor (below 17 years old). They also need to prove whether the criminal act was done by “exposure” or “contact”.
On the other hand, the offense of possession and/or promotion of child pornography in Texas involves various forms of media (photos and videos both electronic and physical) of any minor under 18 years old engaging in “sexual activities”. It is closely related to the possession or promotion of lewd visual material depicting a child. Still, the latter doesn’t require the child to be involved in sexual conduct of any kind.
Have you been charged with possession or promotion of child pornography or indecency with a child in Texas? Consult a child pornography attorney now to talk about legal representation.
What Offenses Are Related to Indecency with a Child?
Although indecency with a child is related to another criminal offense, sexual performance by a child, there are significant differences. One of the most apparent distinctions is the age of consent, which is 18 years old for sexual performance, while it is set at 17 years old. The former is also one of the “statutory rape” charges in Texas, which is also related to the sexual assault of a child. However, sexual assault offenses cover more types of sexual activities between an adult and a child. So, a person can be charged with both crimes.
How Are Child Porn Offenses Prosecuted?
Offenses involving child pornography are prosecuted in both state and federal courts. In Texas courts, a person can be convicted of the crime if the defendant’s child pornography attorney fails to prove that they knowingly or intentionally possess or access materials (photo or video) that show a child below 18 years old engaging in sexual acts.
Federal laws involving child pornography are varied and complicated. Some cases can involve complex issues, such as who “possesses” the material/computer files depicting child porn if a group of people shares it? Does the person “knowingly and intentionally possess” a computer file that was downloaded automatically from a web browser? How can the defendant know the complainant’s age if they don’t know them personally and can’t contact them? How can the complainant’s lawyers prove that the defendant knows the child’s age? These are some aspects of the law that a child pornography attorney can use to defend their clients.
Have You Been Charged with Indecency with a Child or Child Pornography?
If you have been charged with the possession or promotion of child pornography or indecency with a child, you should immediately consult the experts at paulschifferlaw.com to discuss legal representation. Defending yourself from one or both of these cases can be very complicated, so don’t try to do it yourself in court. Doing so is never easy to do for a person with no prior knowledge about strategies to effectively defend someone in court, so a lawyer with enough experience will help you go through this rough patch and plan your best strategy.
