Child Pornography Lawyer in San Antonio

Texas State Child Pornography Charges Under Penal Code Section 43.26

Texas Penal Code Section 43.26 makes it an offense to knowingly possess, or knowingly access with intent to view, visual material depicting a child younger than 18 engaged in sexual conduct. The charge is a felony. The degree of the felony and the applicable penalty range can increase based on prior convictions, the quantity of images involved, and the age of the child depicted. Promotion of child pornography, which includes distributing, sharing, or circulating the material, is treated more seriously than mere possession, and possessing six or more identical depictions creates a legal presumption of intent to promote. Texas law was substantially amended effective September 1, 2025, so the precise penalty tier in any case depends on when the alleged conduct occurred and the specific facts charged.

Texas law recognizes limited affirmative defenses, though they apply narrowly. One applies to computer-generated depictions when the actor is no more than two years older than the depicted child. A separate defense applies only to a law enforcement officer or school administrator who received the material while investigating an allegation and took reasonable steps to destroy it within an appropriate period. It doesn’t extend to defendants generally. Bexar County prosecutes state child pornography cases through its criminal district courts at the Cadena-Reeves Justice Center.

Federal Charges: 18 U.S.C. §§ 2252 & 2252A

Federal law defines child pornography as any visual depiction of a minor under 18 engaged in sexually explicit conduct. Federal jurisdiction attaches once the material or the device used to store or transmit it has any connection to interstate commerce, a threshold that internet or computer use typically satisfies. That means a case investigated locally can move into the U.S. District Court for the Western District of Texas.

The sentencing stakes are meaningfully different in federal court, and understanding which charges are on the table, and in which court, shapes every decision we make from the outset. Penalty ranges vary significantly by offense type:

• Simple possession (first offense): No mandatory minimum, but up to 10 years in prison, rising to 20 years if the material depicts a prepubescent child or a child under 12.
• Receipt, distribution, or transportation (first offense): Mandatory minimum of 5 years and up to 20 years, with the mandatory minimum climbing to 15 years for a repeat offense.
• Production under 18 U.S.C. § 2251: Mandatory minimum of 15 years.

Sex Offender Registration & Collateral Consequences

A conviction for possession or promotion of child pornography generally requires lifelong registration as a sex offender under Texas law. In some cases, deferred adjudication can also trigger that obligation. Early termination of registration may be available through the state’s deregistration process, but it isn’t guaranteed.

Registration carries consequences that extend well beyond the sentence itself: restricted housing options, limits on employment, travel restrictions, internet use conditions, and prohibitions on contact with minors. Understanding the full scope of what a conviction can mean is part of why early, thorough representation matters.