Possession or Promotion of Child Pornography

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Knowingly possessing child pornography is a third degree felony

Promoting or possessing with the intent to promote known child pornography is a second degree felony

Statute(s)

§43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.

(a) A person commits an offense if:
     (1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct; and
     (2) the person knows that the material depicts the child as described by Subdivision (1).

(b) In this section:
     (1) "Promote" has the meaning assigned by Section 43.25.
     (2) "Sexual conduct" has the meaning assigned by Section 43.25.
     (3) "Visual material" means:
          (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or
          (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.

(d) An offense under Subsection (a) is a felony of the third degree.

(e) A person commits an offense if:
     (1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and
     (2) the person knows that the material depicts the child as described by Subsection (a)(1).

(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.

(g) An offense under Subsection (e) is a felony of the second degree.

Added by Acts 1985, 69th Leg., ch. 530, Sec. 2, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 361, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 968, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 14.51, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 933, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1415, Sec. 22(c), eff. Sept. 1, 1999.

Caselaw

Collateral Consequences

3g_Offenses

Felony Conviction

Crime of Moral Turpitude

This Offense gives rise to a lifetime duty to Register as a Sex Offender

See Automatic Life Sentence
Adoption and Foster Care

Notes

See this NY Times article on possible future developments in the law allowing children whose abuse is documented in child pornography to seek restitution in money damages from those convicted of posessing it.

Discuss this offense with The Law Office of Alison Grinter