Texas Child Pornography Defense Attorney

False accusations involving child pornography can turn someone’s life upside down. Our Texas child pornography defense lawyers have seen people lose their jobs, their families, and their reputations—often before they’ve even had a chance to defend themselves. In Texas, the laws are unforgiving. Just being accused of possessing or promoting illegal material can lead to serious charges, and the penalties if convicted are severe.

But not every accusation is based on clear facts, because misunderstandings happen, files are shared without someone realizing it, and devices are borrowed. When that happens, lives get ruined over things that aren’t always what they seem.

Have you been falsely accused of child pornography possession or promotion in Texas? Our legal team is here to help. Contact our experienced Texas child pornography defense attorneys at (713) 783-8998 today.

If you are facing untrue allegations or false accusations, we want you to know you’re not alone. At Scheiner DWI & Criminal Defense Lawyers, we represent people who’ve been wrongly accused of serious sex offenses. We know how damaging these cases are, and we don’t back down. We take the time to understand your situation and fight hard to protect your rights, your future, and your name. Contact us today to set up a confidential consultation.

How Our Texas Child Pornography Defense Lawyers Can Help

If you’re facing child pornography charges, you need a defense team with experience, focus, and a proven record of success. At Scheiner DWI & Criminal Defense Lawyers, we’ve spent over three decades defending people accused of serious sex crimes across Texas. We understand the stakes and know how to protect your rights at every step of the legal process.

Our approach is comprehensive. We don’t just react to charges—we build a full defense strategy based on the facts, the law, and your side of the story. Here’s what you can expect when you work with us:

Clear guidance from day one: We walk you through the process, explain your options, and make sure you understand the risks and possibilities in your case.
Detailed case analysis: We dig into the facts, the timeline, and the technology involved. Our team examines every detail to uncover anything that could help your defense.
Protection of your rights: We make sure law enforcement and prosecutors are held to the rules. If they overstep or violate your rights, we act quickly to challenge it.
Access to top experts: When needed, we bring in respected professionals—including forensic computer specialists and mental health experts—to strengthen your case.
Focused trial preparation: If your case goes to trial, we prepare thoroughly. Our team has deep courtroom experience, and we tailor your defense to the judge, jury, and facts.
Ongoing support: We know this is one of the most difficult situations you can face. We stay responsive, keep you informed, and treat your case with the seriousness it deserves.

Scheiner DWI & Criminal Defense Lawyers is led by attorney Grant Scheiner, a Board Certified Criminal Law specialist with extensive training in trial tactics, police procedure, and scientific evidence. He’s been named a Texas Super Lawyer every year since 2009 and is ranked among the Top 100 Trial Lawyers in Texas. Our firm has an A+ rating from the Better Business Bureau and a long track record of favorable outcomes.

When your future is on the line, experience matters. Our award winning Texas child pornography defense lawyers have the tools, insight, and determination to help you fight back. Let us take the weight off your shoulders—contact us today online or call us at (713) 783-8998 to get started.

Texas Laws For Child Pornography Possession and Promotion

Child pornography charges in Texas are prosecuted aggressively and can have devastating consequences, even for people who were falsely accused. Under Texas Penal Code § 43.26, it is a felony to knowingly possess, promote, or produce visual material that depicts a child engaging in sexual conduct. These charges are often based on digital evidence, and the penalties vary depending on the type of alleged conduct and the specifics of the case.

Possession of Child Pornography

Possession occurs when someone knowingly obtains or accesses images or videos showing a minor involved in sexual conduct. The material can be stored on a hard drive, a cloud account, or even temporarily viewed in a browser. To secure a conviction, prosecutors must show the person knew the material involved a child and that they intentionally possessed or viewed it.

Even if the images were not intentionally downloaded—such as files saved automatically from browsing history or spam emails—they may still lead to charges if investigators believe there was intent. Courts also look at how the material was stored or labeled to establish whether the defendant knew what they had.

Promotion or Distribution

Under Texas Penal Code § 43.26(e), it is a second-degree felony to promote or intend to promote child pornography. This includes sending, uploading, or making explicit content accessible to others—even through cloud folders or peer-to-peer networks.

Just one shared file can trigger a serious charge, and offering the content in exchange for money, goods, or favors can bring even more severe consequences. These cases often involve digital traces like chat logs, file-sharing history, or emails used as evidence.

Production of Child Pornography

Production is the most serious of these charges. It involves creating or directing any content showing a child under 18 engaged in sexual conduct. This can mean recording or photographing the material—or even encouraging a minor online to send explicit content.

Texas prosecutes these cases under both Section 43.26 and Texas Penal Code § 43.25, which covers “Sexual Performance by a Child.” Penalties can include first-degree felony charges, which may lead to life in prison, especially if force or coercion is involved.

Each case is different, but all carry lifelong consequences.

The Penalties of Being Convicted of Child Pornography in Texas

A conviction for child pornography in Texas can destroy a person’s future. Whether the charge involves possession, sharing, or producing content, the penalties are severe—and in many cases, life-changing.

Texas Penalties

Possession: Possessing child pornography is a third-degree felony in Texas. A conviction carries 2 to 10 years in prison and a fine of up to $10,000. Even images that auto-load or are buried in a browser’s cache can lead to these charges if prosecutors claim there was intent to keep the content.
Distribution or Promotion: Sharing or promoting child pornography—even one file—can be charged as a second-degree felony. The penalties include 2 to 20 years in prison and a fine of up to $10,000. Prosecutors may push for higher sentences if there’s evidence the material was intentionally shared or organized for access.
Production: Creating or helping to create child pornography is treated as a second-degree felony as well, with 2 to 20 years in prison and a $10,000 fine. If a person directed, recorded, or encouraged a child to take part in explicit content, prosecutors are likely to pursue the harshest sentence available.

Texas courts can increase these penalties in certain cases. Factors like prior convictions, the age of the children involved, or the number of files found can all lead to enhanced charges and longer prison terms.

Federal Penalties

Possession: Under federal law, possession can result in up to 10 years in prison—and up to 20 years if there’s a prior conviction.
Distribution or Reception: Federal distribution or reception charges carry a 5- to 20-year sentence for a first offense. Repeat offenses can bring 15 to 40 years in prison.
Production: Producing child pornography under federal law is punished by 15 to 30 years in prison. A second offense can lead to 25 years to life.

Anyone convicted must also register as a sex offender, which brings lasting restrictions long after a sentence is served.

State Charges Vs Federal Charges

Child pornography cases can lead to prosecution at both the state and federal level. Even if someone is already facing charges in Texas court, that doesn’t prevent the federal government from stepping in. In fact, many child pornography cases end up in federal court due to how the material is shared—especially if it involves digital devices or crosses state lines.

Key Differences Between State and Federal Charges

Texas punishes child pornography offenses harshly, but the federal system is even tougher. State charges usually deal with the possession, production, or distribution of illegal material within Texas. These are felonies that can result in years of prison time, along with mandatory sex offender registration.

But once federal authorities get involved, the penalties increase quickly. Federal prosecutors tend to take on cases that involve the internet, cloud storage, interstate communication, or multiple victims. And unlike in state court, federal sentencing guidelines leave very little room for negotiation or leniency. If you’re convicted federally, you’re likely serving a long prison sentence with fewer options for parole.

Federal Laws That Apply

Federal child pornography charges fall under several laws in Title 18 of the United States Code. These include:

18 USC 2251: Targets the production of child pornography. A first-time conviction carries a minimum of 15 years and up to 30 years in federal prison. If there’s a prior conviction, that range increases drastically.
18 USC 2251A: Prohibits selling or buying children for sexually explicit purposes, with sentences that often result in decades or even life in prison.
18 USC 2252: Addresses transportation, receipt, and distribution of child pornography across state or international borders, punishable by 5 to 20 years.
18 USC 2252A: Criminalizes possession or access to child pornography through digital devices, even if it’s not physically stored.

Aggravating Factors and Enhanced Sentences

Federal penalties get even worse when certain aggravating factors apply. If the images involve very young children, violence, sadism, or if the defendant has any prior convictions related to sexual exploitation, the sentence can range from 25 years to life imprisonment. In many cases, once the federal government takes over, probation is no longer on the table.

For anyone facing potential charges, understanding the difference between state and federal court isn’t just academic—it could mean the difference between years and decades in prison.

Defenses To Child Pornography Charges

Being accused of a child pornography offense carries serious consequences, but that doesn’t mean a conviction is inevitable. A strong defense can make a major difference, whether you’re facing charges for possession, distribution, or production. Your lawyer’s role is to challenge the evidence and expose any weaknesses in the prosecution’s case. In many situations, it’s possible to get charges reduced—or even dismissed entirely.

Common Defenses Used in Child Porn Cases

Every case is different, but there are several strategies that come up often in child pornography defense work. Our experienced Texas sex crime defense lawyers will look at every angle, from the technical details to the conduct of investigators. Here are some of the most common defenses used in these cases:

Entrapment by Law Enforcement

If police encouraged or persuaded you to do something you otherwise wouldn’t have done, you may be able to argue entrapment. This defense applies when law enforcement crosses a legal line and provokes the crime, rather than just investigating it. If proven, key evidence could be thrown out.

Unlawful Search and Seizure

Evidence can’t be used in court if it was collected through an illegal search. If police didn’t follow the rules when seizing your devices, your Fourth Amendment rights may have been violated. That could result in the evidence being suppressed entirely.

Accidental Possession

It’s possible for illegal material to end up on someone’s device without their knowledge. Malware, viruses, and even hackers can place files on a hard drive remotely. If your lawyer can show you didn’t knowingly possess the material, that could be a strong defense.

Questioning the Nature of the Content

Sometimes, the evidence itself is disputed. If the images or videos don’t actually involve minors—or if their age can’t be proven—that may weaken the prosecution’s case. Just because something looks illegal doesn’t mean it meets the legal definition of child pornography.

Addiction or Compulsion

In some cases, a defense strategy may involve arguing that the defendant was struggling with an addiction or mental health condition. While this won’t lead to dismissal, it might help reduce the severity of the sentence.

The Files Belong to Someone Else

If someone else had access to your computer or used your network, you may be able to argue that the material wasn’t yours. Your lawyer can investigate whether another person was responsible for downloading or storing the files.

A qualified criminal defense attorney can help you examine your options, identify weak spots in the case, and pursue the best possible outcome based on the facts.

Award-Winning Texas Child Porn Defense Law Firm

When you’re facing child pornography charges, the quality of your legal defense can make all the difference. Scheiner DWI & Criminal Defense Lawyers is a respected Houston-based firm known for its strong record in high-stakes criminal cases. Lead attorney Grant Scheiner, who is widely recognized for his skill in navigating complex criminal trials. His leadership ensures each case is approached with precision, discretion, and strategic planning.

We keep our caseload small so we can give each client the attention they deserve. You won’t be left in the dark—we’ll keep you informed and involved every step of the way. If you or someone you care about has been charged, don’t wait. Contact our legal team today to talk through your options and start building your defense.

Scheiner DWI & Criminal Defense Lawyers has helped defend clients accused of possession or promotion of child pornography in cities including Houston, Pearland, Sugarland, San Antonio, Katy, Llano, League City, and more.