The possession or promotion of child pornography is defined as knowingly or intentionally possessing or accessing with the intent to view any material that depicts a minor under the age of 18 engaging in sexual conduct.

Child pornography cases are distinct from other sex crime cases as they do not necessarily involve engagement in sexual activity. Instead, an individual may be charged with and convicted of child pornography for the simple act of possessing or accessing child pornography, even if they do not engage in a sexual act with a minor.

If you have been charged with such a crime, it is crucial that you consult with a Denton sex crimes lawyer as soon as possible. A knowledgeable Denton child pornography lawyer can help lessen or dismiss any penalties you may be facing.

Importance of Legal Representation

Child pornography laws are strictly enforced in Denton. As such, any individual who is being investigated for or who has been charged with possessing or promoting child pornography should contact a Denton child pornography attorney as soon as possible, before the prosecution has begun to build a case against them.

Many individuals who are facing charges of possessing or promoting child pornography mistakenly believe that, by being cooperative, they are increasing the likelihood that charges will be dropped or decreased. However, in so doing, such individuals often make statements to investigating authorities that are self-incriminating and that may, in the future, be used against them.

Such mistakes derive from a lack of understanding of the specific nature of the laws surrounding child pornography. Only an experienced child pornography lawyer in Denton can ensure that the charged individual is apprised of their rights and the applicable laws. An attorney’s main role is to defend their client to the fullest extent possible.

To do so, the lawyer will examine all aspects of the law and all circumstances of the alleged incident. The sooner an individual facing charges related to child pornography contacts such a child pornography attorney in Denton, the sooner they can work to protect their rights and reduce the possibility of a future conviction.

Investigation Process

Sex crimes are investigated in a manner similar to any other type of crime. Police are engaged to collect evidence that is then turned over to the district attorney’s office. The district attorney is then responsible for reviewing all gathered evidence and determine whether that evidence is sufficient to make a case against the accused individual.

Generally, the decision to investigate is within the discretion of the police. Under rare circumstances, a prosecutor may come into information and, in turn, direct the police to investigate. Some cases involving investigations that cross state lines will also involve federal agencies. However, under most circumstances, the police will learn of and investigate so long as the matter is within their jurisdiction.

Investigations are extremely common prior to arrest in child pornography cases because no one wants someone who is innocent to be arrested for a crime they did not commit. Moreover, individuals are rarely arrested when “caught in the act” in child pornography cases. Instead, allegations may be years old, or involve acts conducted in the private sphere. Therefore, investigations are necessary to establish the extent to which the authorities have a case against the subject individual.

Instead, allegations may be years old, or involve acts conducted in the private sphere. Therefore, investigations are necessary to establish the extent to which the authorities have a case against the subject individual.

Gathering Evidence

In Denton, possessing or promoting child pornography is categorized as a third-degree felony, associated with up to 10 years incarceration and a fine of up to $10,000 making it important that a Denton child pornography attorney is consulted immediatly.

The investigating authorities seek solid evidence that incriminates an individual in relation to the alleged crime. Such evidence may include pictures or videos in material or electronic form that connects that individual to the possession or promotion of child pornography.

Such evidence is either collected with the consent of the subject individual or obtained through a warrant that mandates that evidence be turned over to the investigating authorities.

Benefit of a Lawyer in Denton

Such investigations can be very probing and invasive. It is, therefore, important that any individual who is the subject of a child pornography investigation be apprised of their rights throughout the entire process.

Without a Denton child pornography attorney, such an individual may face serious consequences both during the investigation and afterward. An experienced child pornography lawyer knows the system and the law, and is therefore best positioned to represent the individual being investigated to ensure that not only their present, but their future, is protected.