Getting arrested for child pornography in Frisco, Texas, or learning that someone close to you is under investigation, turns your life upside down. The situation moves fast—before you’ve had a chance to catch your breath, you might be facing arrest, public exposure, and serious felony charges. The emotional weight is heavy, and you fear the long-term consequences are real. The stigma attached to these allegations can be life-altering—even before prosecutors prove your guilt.
Whalen Law Office helps clients through this difficult process with clear guidance, discretion, and an unwavering focus on protecting your legal rights. The team has years of experience representing individuals charged with child pornography offenses in Collin County and throughout Texas. We take each case seriously and pursue every legal avenue to achieve the best possible result for you.
If you or a loved one has been charged—or if you’re under investigation—don’t wait. Contact Whalen Law Office today for a confidential consultation with a child pornography lawyer in Frisco. Early legal help makes a real difference in these cases.
Table of Contents
What Types of Crimes Involve Child Pornography?
Texas prosecutes a wide range of offenses related to child pornography under Texas Penal Code § 43.26. These charges typically involve visual material that depicts minors in sexual conduct or suggestive scenarios, whether created, shared, or stored. The law applies to both physical and digital content and includes situations where someone actively creates the material or simply possesses it. Each offense carries different legal consequences depending on the conduct involved, the number of files, the age of the minor, and prior criminal history.
Possession of Child Pornography
Possession occurs when someone knowingly holds or accesses images, videos, or digital files showing a minor engaging in sexual conduct. Under Texas law, prosecutors must prove the person knew the material depicted a child and intentionally kept it. Law enforcement often uses digital forensics, including device metadata and file access logs, to support these charges.
Even if the content wasn’t actively downloaded—such as images that auto-load or save through browser history—it may still lead to an arrest if found in a device’s storage. Courts may also examine how the files were organized or labeled as evidence of intent.
Promotion or Distribution
Sharing or distributing child pornography—whether through file transfers, messaging apps, email, or peer-to-peer networks—falls under promotion and is treated more severely than simple possession. Under Section 43.26(e), a person commits this offense if they intentionally or knowingly promote or intend to promote material that visually depicts a child engaged in sexual conduct.
Charges often involve evidence of uploads, links sent to others, or folders made publicly accessible. Even a single file forwarded to another person may lead to felony charges. Receiving payment or favors in exchange for the material may trigger additional penalties or federal prosecution.
Production of Child Pornography
Creating child pornography is the most serious offense under Texas law. This includes filming, photographing, or directing a child under 18 in any form of sexual conduct. Charges under Texas Penal Code § 43.25 (Sexual Performance by a Child) often accompany production allegations when the adult arranges, coerces, or enables a child to participate in producing explicit content.
Law enforcement may bring production charges even when the accused did not physically record the material—encouraging or pressuring a minor through digital communication can also qualify. Penalties are extremely harsh, including first-degree felony charges that can lead to life in prison.
Other Related Offenses
In many investigations, child pornography charges are accompanied by additional criminal allegations based on digital communication, grooming behavior, or related sexual misconduct involving minors.
Online Solicitation of a Minor
Under Texas Penal Code § 33.021, this offense involves communicating with a minor (or someone believed to be a minor) in a sexually explicit way or attempting to convince them to engage in sexual behavior. These cases frequently stem from chat logs, social media messages, or undercover sting operations where law enforcement poses as a minor.
Sexual Performance by a Child
Separate from production charges, Section 43.25 of the statute covers inducing or permitting a child to engage in sexual conduct for visual content. Even if the accused didn’t create the material, knowingly allowing or encouraging the performance can result in serious charges.
Indecency with a Child
This offense includes both physical and non-physical sexual contact with a minor. Even acts that involve no touching, such as exposing oneself to a child or causing a child to expose themselves, can lead to prosecution under Texas Penal Code § 21.11. These cases sometimes overlap with possession or solicitation charges when recorded images are involved.
Possession of Lewd Visual Material Depicting a Child
Texas Penal Code § 43.262 criminalizes the possession of lewd visual material that depicts a child, even when no actual child was used in the creation. This includes cartoon-style drawings, computer-generated imagery, or other fictional representations that appear sexual in nature. While these cases differ from traditional child pornography charges, they still carry serious legal consequences, depending on the context and nature of the offense.
Penalties And Consequences For Child Pornography Offenses
Texas doesn’t treat child pornography cases lightly. These charges carry steep penalties—both legal and personal. A conviction can lead to years behind bars, mandatory sex offender registration, and a permanent criminal record that affects employment, housing, and reputation.
Prison Time and Felony Classifications
- Possession of child pornography is typically a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.
- Promotion or distribution raises the stakes, classified as a second-degree felony carrying 2 to 20 years.
- Production or directing is often charged as a first-degree felony, with 5 to 99 years in prison possible.
When the material involves children under a certain age, or if the defendant has prior convictions, enhancements may apply. Federal charges also add another layer, with minimum sentencing guidelines in some cases.
Mandatory Sex Offender Registration
Convictions require registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. That label brings long-term public monitoring, restrictions on where you can live or work, and mandatory compliance checks by law enforcement.
Collateral Consequences
Aside from the criminal penalties, these charges often destroy personal relationships, end careers, and lead to public humiliation. Courts sometimes impose internet usage restrictions, probation terms with strict supervision, and psychological evaluations. Even a dropped or dismissed case leaves a digital footprint that can affect future opportunities.
Affirmative Defenses For Child Pornography Charges
Not every accusation holds up under scrutiny. Texas law allows affirmative defenses that, if proven, can block a conviction—even when the facts seem stacked against the defendant.
Lack of Knowledge or Intent
The law requires that the accused knowingly possessed or accessed illegal material. If someone unknowingly received files through malware, pop-ups, or unsolicited downloads, that lack of intent could serve as a defense.
Statutory Affirmative Defenses
Texas Penal Code 43.26(f) provides an affirmative defense if the material was possessed or accessed for a bona fide law enforcement, medical, or scientific purpose. Another provision protects individuals who immediately delete or report the material upon discovering it, provided they didn’t solicit or purposefully view it.
Mistaken Identity or Digital Misattribution
In many cases, investigators rely on IP addresses and account data to make arrests. However, shared devices, unsecured Wi-Fi, or spoofed accounts can lead authorities to the wrong person. A detailed digital forensic analysis often reveals these issues.
Image Age Misclassification
Sometimes, images may appear to show minors, but forensic analysis or background investigation reveals the subjects are actually adults. Without clear age verification, the prosecution’s case may fall apart.
Illegal Search and Seizure
A common defense involves challenging the way evidence was obtained. If police searched a device or seized property without a proper warrant, any resulting evidence might be inadmissible under the Fourth Amendment.
What to Do if Arrested on Child Porn Charges in Texas
Time matters in these situations. Arrests often involve a search warrant, early morning raid, or sudden interrogation. Knowing what to do—and what not to do—can significantly affect the outcome of the case.
Don’t Speak Without a Lawyer
Law enforcement may suggest that cooperation will make things easier, but anything said during questioning can be used later. Politely decline to answer questions and request an attorney immediately.
Avoid Destroying Evidence
Deleting files, wiping devices, or throwing away electronics can result in additional charges for obstruction. Instead, preserve everything and let your attorney handle the forensic response.
Notify Your Attorney Early
The earlier your defense team gets involved, the more options they’ll have. From negotiating bond terms to reviewing the search warrant for problems, early action makes a difference.
How Our Attorneys Build Your Defense
Each case is different. That’s why Whalen Law Office tailors a specific defense strategy based on the unique facts of your situation.
Digital Forensic Review
The team works with digital experts to review computers, phones, and cloud storage for errors in how law enforcement handled or interpreted the data. Metadata, timestamps, and file origins all matter.
Challenging the State’s Evidence
Attorneys scrutinize search warrants, police reports, and forensic logs to find flaws in the chain of custody or legal procedures. Illegally obtained evidence can be suppressed in court.
Cross-Examining Witnesses and Investigators
If your case involves statements from minors, informants, or undercover officers, the defense will cross-examine their credibility and challenge inconsistencies.
Negotiating Reduced Charges
Not every case goes to trial. In many situations, attorneys negotiate plea agreements that avoid prison time or reduce charges to lesser offenses that don’t require sex offender registration.
Why We’re the Right Choice to Defend You
These charges carry serious weight, and you need legal help from attorneys who know how to handle sensitive and high-stakes cases. At Whalen Law Office, clients receive:
- Personal attention at every stage
- Discreet and judgment-free representation
- Strategic defense built on real legal experience
- Consistent communication about your options and next steps
The firm knows what’s at stake—not just your freedom, but your future. When everything feels uncertain, they provide direction, clarity, and a strong legal voice on your side.
Texas Child Porn Charges FAQ
What does the prosecution have to prove in a child pornography case?
Prosecutors must show that the defendant knowingly accessed, possessed, or distributed visual material of minors engaged in sexual conduct. They also have to prove that the depicted individuals are, in fact, under 18 and that the conduct meets the legal definition of “sexual performance.”
Can I be charged if someone else used my device?
Yes, but the prosecution still has to prove you were the person who accessed the content. If a shared device or unsecured Wi-Fi connection was involved, your attorney can present that in your defense.
Will I go to jail if convicted?
Prison time is possible, but not guaranteed. Outcomes depend on the charges, your prior record, the strength of the evidence, and whether you accept a plea deal. Your attorney will work to avoid incarceration whenever possible.
Do I have to register as a sex offender?
Most child pornography convictions in Texas require registration. However, in some cases, the defense can negotiate plea agreements to lesser charges that don’t trigger that requirement.
How long does a child porn case take to resolve?
These cases can last several months or longer, depending on the court schedule, the complexity of the evidence, and whether the case goes to trial. Early legal intervention helps move things along faster and more efficiently.
Contact Our Experienced Child Porn Lawyers in Frisco Now
Child pornography charges don’t just threaten your legal standing—they can tear apart everything you’ve worked for. You deserve a legal team that treats your case with care, diligence, and total confidentiality.
Whalen Law Office defends individuals charged with child pornography in Frisco and across North Texas. The attorneys understand the weight these accusations carry and fight to protect your name, freedom, and future.
Call (214) 368-2560 now to schedule a confidential consultation with a Frisco criminal defense law firm. Don’t wait for the case to build momentum—take control of your defense today.
Whalen Law Office – Frisco Location
9300 John Hickman Pkwy #501
Frisco, TX 75035
P: (214) 368-2560
