Pearland Child Pornography Defense Attorney

Child pornography charges in Pearland carry some of the harshest penalties in Texas criminal law. A single accusation can trigger an aggressive investigation by local law enforcement and federal agencies, leading to seized devices, frozen assets, and immediate restrictions on your freedom.

The Brazoria County District Attorney’s Office prosecutes these cases with specially trained prosecutors who seek maximum sentences, including decades in prison and lifetime sex offender registration.

Our experienced Pearland child pornography defense lawyers know that false accusations happen, and technical evidence can be misunderstood or misrepresented by investigators.

At Scheiner DWI & Criminal Defense Lawyers, our Board-Certified criminal defense team has extensive experience challenging digital forensics, search warrant procedures, and the government’s computer evidence in both Texas and federal courts.

Our child pornography defense attorneys in Pearland, Texas understand the technology behind these investigations and know how to identify critical errors in how evidence was collected, analyzed, and presented against you.

What Do You Do First After a Search or Arrest in Pearland?

If law enforcement has searched your home, seized your devices, or placed you under arrest, the steps you take in the first few hours are critical. Your actions now can significantly impact the outcome of your case.

Do Not Talk to Police Without Counsel

You have a right to remain silent under the Fifth Amendment. Police are trained to gather statements that can be used against you, even if you believe you are innocent.

Do Not Consent to Device Searches

Police need a warrant to search your computers, phones, and other electronic devices. Do not provide passwords or consent to a search, as doing so may give them broader access than a warrant would allow.

Preserve Router Logs, Accounts, and Device Lists

Do not delete anything. Begin documenting who has access to your internet and devices. Preserve router logs and make a list of every device and online account you own, along with their passwords, for your attorney only.

Identify All Users and Shared Access

Make a detailed list of every person who has ever used your computers, logged into your Wi-Fi network, or had physical access to your home. Note down names and the approximate dates they had access.

Call Scheiner DWI & Criminal Defense Lawyers for a Confidential Consultation

Contact a Board-Certified Pearland sex crime defense lawyer immediately. With over 30 years of experience defending sex crimes in Texas, we can intervene early to protect you and begin building your defense strategy.

What Is Child Pornography Under Texas Law?

Under Texas Penal Code § 43.26, it is illegal to knowingly possess, distribute, or promote “visual material” depicting a child younger than 18 engaging in sexual conduct. The law requires that you knew the character and content of the material.

Merely viewing an image that pops up on your screen is not a crime. You must take an action to save, download, or control the file for it to constitute possession under Texas law.

The law targets several specific actions:

• Possession: Knowingly having prohibited images or videos saved on a computer, phone, external hard drive, or any other digital storage device
• Distribution: Intentionally sharing, sending, or transferring illegal material to another person through email, text, or file-sharing programs
• Promotion: Possessing six or more identical items of child pornography or possessing material with the intent to distribute it
• Production: Creating, filming, or directing any visual material that depicts a child in a sexual performance

Visual material under Texas law includes photographs, videos, films, negatives, slides, or any digital media that can display images on screens.

When Do Federal Child Pornography Charges Apply?

While Texas has its own strict laws, an investigation can quickly become a federal case, which carries even more severe penalties. You can face charges at both the state and federal levels for the same alleged conduct.

Federal jurisdiction is often triggered by activities involving interstate commerce. Almost any use of the internet can trigger federal charges since data typically crosses state lines.

Factor	State Charges	Federal Charges
Internet use	Sometimes	Almost always
Crossing state lines	No	Yes
Mail/shipping	No	Yes
Penalties	2-20 years	5-40 years minimum

Federal cases also involve different prosecutors, courts, and sentencing guidelines that are typically more harsh than state court proceedings.

What Penalties and Sex Offender Registration Could You Face?

A conviction for a child pornography offense in Texas carries life-altering consequences. The penalties are severe and designed to punish, with felony charges that can lead to decades in prison.

Third-degree felony possession charges carry 2 to 10 years in prison and fines up to $10,000. Second-degree felony promotion or distribution charges carry 2 to 20 years in prison and fines up to $10,000.

Beyond prison time, a conviction requires mandatory, lifetime registration as a sex offender. This means your name, address, and conviction details are published in a public database that anyone can search.

Sex offender registration also brings strict restrictions on where you can live and work. You cannot live near schools, parks, or daycare centers. Many employers will not hire registered sex offenders, and professional licenses may be revoked.

How Do We Defend Possession, Distribution, or Promotion Allegations?

An accusation is not a conviction, and every case has potential defenses. Our firm has deep experience in the forensic science and police procedures used in these investigations.

We build a vigorous defense by challenging the evidence at every turn and forcing the prosecution to prove every element of their case beyond a reasonable doubt.

Illegal Search, Over-Seizure, and Warrant Scope Challenges

The Fourth Amendment protects you from unreasonable searches. We scrutinize the search warrant for errors and challenge any evidence obtained illegally or outside the warrant’s specific scope.

Police must follow strict procedures when searching electronic devices. Any violation of these procedures can result in evidence being thrown out of court entirely.

Lack of Knowing Possession, Cache and Auto-Download Issues

The prosecution must prove you knowingly possessed the material. We can present evidence that files were downloaded by a virus, appeared as temporary internet cache files, or were placed on your device without your knowledge.

Many people do not understand that computers automatically save temporary files when browsing the internet. These cache files do not necessarily prove knowing possession.

No Knowing Distribution in P2P or Torrent Environments

Peer-to-peer file-sharing programs like BitTorrent often share files automatically without the user’s direct intent. We can argue that you lacked the specific intent to distribute material, which is a required element of the crime.

The prosecution must prove you intentionally shared files with others, not that your software did so automatically.

Attribution Problems With Shared Devices and Unsecured WiFi

If family members, roommates, or guests had access to your devices or an unsecured Wi-Fi network, it creates reasonable doubt about who is responsible for the files. Prosecutors must prove you were the one who downloaded or possessed the material.

We investigate all possible alternative explanations for how prohibited material ended up on devices connected to your network.

Hash List Reliability, Age Determination, and Forensic Methodology

We work with forensic experts to challenge the government’s technical evidence. This includes questioning the reliability of “hash values” used to identify files and disputing the government’s ability to prove the age of individuals depicted.

Hash values are digital fingerprints that law enforcement uses to identify known illegal files. However, these systems are not foolproof and can produce false matches.

Entrapment and Government Overreach

In some cases, law enforcement may go too far in online sting operations. If the government induced you to commit a crime you otherwise would not have, we can raise an entrapment defense.

Entrapment occurs when law enforcement creates a crime that would not have happened without their involvement and persuasion.

How Do Pearland and Brazoria County Courts Handle These Cases?

Child pornography cases arising in Pearland are prosecuted by the Brazoria County District Attorney’s Office. Cases are heard at the Brazoria County Courthouse located at 111 E. Locust Street in Angleton.

Prosecutors in Brazoria County are known for taking an aggressive stance on sex offenses. They often seek maximum penalties and push for plea agreements that include sex offender registration.

However, with the right defense strategy presented by a lawyer who understands the local courts, negotiations for reduced charges or dismissals are possible. Our skilled Pearland child pornography defense lawyers have experience defending clients in Brazoria County and understands how to navigate the local legal landscape effectively.

Why Hire a Board-Certified Criminal Defense Team for a Pearland Case?

When your future is on the line, you need an expert who specializes in criminal law. Grant Scheiner is Board Certified in Criminal Law by the Texas Board of Legal Specialization.

This certification requires extensive experience, continuing education, and peer review. It marks him as a specialist with a proven track record in complex criminal cases.

With extensive experience defending serious felony cases and familiarity with prosecution strategies, our firm has the knowledge to deconstruct the government’s case. We know how to identify weaknesses in digital evidence and challenge forensic testimony.

What Results Have We Achieved in Serious Sex and Computer Crime Cases?

While every case is unique, our history of success demonstrates our commitment to achieving the best possible outcome for our clients. We have secured dismissals in cases where clients were falsely accused based on insufficient evidence.

In other cases, we have obtained not-guilty verdicts at trial by successfully challenging the government’s forensic evidence. We have also negotiated reduced charges that avoid sex offender registration requirements.

Our approach focuses on early intervention and thorough investigation. We often identify defense strategies that other attorneys miss because of our deep understanding of computer forensics and digital evidence.

What Will This Cost and How Do We Work Together?

We offer a confidential consultation to discuss the details of your case and explain your options. During this meeting, we will review the charges you face and outline potential defense strategies.

We believe every client deserves a dedicated, aggressive defense, which is why we limit our caseload to provide the focused attention each case requires. You will work directly with experienced attorneys and be kept informed at every stage of the process.

Our fee structure is transparent and based on the complexity of your case. We discuss all costs upfront so there are no surprises later.

How Fast Can We Step In to Protect You?

The best time to hire a defense lawyer is before charges are ever filed. We can step in the moment you learn you are under investigation, often contacting investigators on your behalf to protect you from interrogation.

Our immediate intervention can sometimes prevent an arrest and preserve evidence that is critical to your defense. We are available 24/7 for emergency consultations because we understand that investigations do not follow business hours.

Time is critical in these cases because evidence can be lost or destroyed, and witnesses’ memories can fade. The sooner we begin working on your case, the better your chances of a favorable outcome.

Pearland Child Pornography Defense FAQs

Should I Talk to Police if They Contact Me About an Investigation?

No, you should never speak with law enforcement without your attorney present. Police are trained to gather incriminating statements, and anything you say will be used to build a case against you, even if you believe you are helping yourself.

Do Cached or Thumbnail Files Count as Possession in Texas?

Not necessarily, as technical defenses often apply. The prosecution must prove you knowingly saved or controlled the files, and temporary cache files created automatically by your browser may not meet that legal standard.

What if Torrents Auto-Shared Files Without My Knowledge?

A distribution charge requires intent to share files with others. We can argue that automatic sharing through a torrent program does not prove you knowingly intended to distribute prohibited material to other users.

What if Others Had Access to My Device or WiFi Network?

This creates reasonable doubt about who actually downloaded or possessed the material. You should immediately document everyone who had access to your network or devices and provide this information only to your attorney.

Can I Get My Seized Devices Back and When?

Devices are often held as evidence until the case is resolved through dismissal, plea agreement, or trial. We can file a motion with the court to petition for the return of your property, especially items not directly related to the investigation.

Will My Name Be Publicly Listed During the Case?

Your name only becomes part of a permanent public sex offender registry after a conviction. Before that, court proceedings are generally public record, but there is no automatic listing that follows you unless you are convicted.

Can I Travel or Use the Internet While Released on Bond?

Bond conditions often include restrictions on travel and internet use, but these vary by case. Our firm fights to negotiate the least restrictive bond conditions possible to minimize disruption to your work and family life.

If My Case Is Dismissed, Can It Be Expunged from My Record?

Yes, if your case is dismissed or you are found not guilty, you are often eligible to have the arrest records expunged or sealed. We handle this process to clear your name and restore your record completely.

Sex Crime Defense Law Firm in Pearland, Texas

Being accused of a computer sex crime is a terrifying experience, but you do not have to face it alone. Our firm provides discreet, experienced, and aggressive representation for clients in Pearland and throughout Texas.

As a Board-Certified criminal law specialist, Grant Scheiner has the expertise to protect your freedom and your future. We understand the technology involved in these cases and know how to challenge the government’s evidence effectively.

Contact Scheiner DWI & Criminal Defense Lawyers for confidential help today. We are available 24/7 to discuss your case and begin building your defense immediately.