Being charged with an offense such as possession of child pornography or invasive visual recording in Texas is a big deal. If convicted of either offense, it will have serious ramifications for the rest of a person’s life.
In Buda, Texas, an assistant band director at a middle school was recently arrested for taking videos of students without their knowledge. He has been charged with possessing child pornography, promoting child pornography, and invasive visual recording.
Many people aren’t aware of the distinction between invasive visual recording and child pornography charges – or even that invasive video recording can be a criminal charge at all.
Here’s what you need to know about these different charges and the penalties with each.
Child Pornography in Texas
Under Texas law, child pornography is defined as any visual material that shows a child younger than 18 at the time of the image engaging in sexual conduct.
Sexual conduct is defined under Texas penal code as simulated or actual sexual intercourse, sexual contact, sexual bestiality, deviant sexual intercourse, lewd exhibition of the genitals, anus, or female breast below the areola, sadomasochistic abuse, or masturbation.
Other crimes associated with child pornography include the following:
Possession of Child Pornography
The Texas penal code states that possession of child porn is committed if a person intentionally or knowingly possesses child pornography. This crime can also be committed if a person intentionally or knowingly accesses images with the intent to view child pornography.
In either case, a person must know the materials they possess are considered child pornography.
A first time offense possession of child pornography is a third-degree felony, punishable by up to 10 years in prison and fines up to $10,000.
A second offense will increase the charge to a second-degree felony, punishable by up to 20 years in prison.
A third offense and beyond is charged as a first-degree felony that could result in a prison sentence up to 99 years.
Promotion of Child Pornography
Child pornography in Texas is committed when a person promotes child pornography or possesses it with the intent to promote it. The accused must know the material is child pornography.
The term “promote” means to issue, give, lend, deliver, mail, transfer, publish, circulate, exhibit, offer, advertise, manufacture, sell, transmit, disseminate or agree or offer to do any of those things in connection with images of child pornography.
The penalties for the promotion of child pornography include a state prison sentence of up to 20 years and up to $10,000 in fines.
A first offense is normally prosecuted as a second-degree felony while the second offense is a first-degree felony. That would increase the penalties, possibly resulting in jail sentences up to 99 years.
Texas Law on Invasive Visual Recording
The Texas Penal Code defines invasive visual recording as photographing, recording, or broadcasting a person’s intimate areas in a space with a reasonable expectation of privacy, such as a changing room, without the victim’s consent.
The law also makes it illegal to transmit or distribute any recordings or photos of a person’s intimate area without their consent. This includes sending any materials by phone, over the internet, through email, or any other method used to transfer video files and images.
This crime is a state jail felony, the least severe of felonies that can be charged, punishable by up to two years in state jail and fines up to $10,000.
If placed on probation for this crime, you can be under court supervision for up to five years and still be required to pay fines up to $10,000.
Invasive video recording can be charged as a third-degree felony if a firearm or any other object that can inflict serious bodily injury or death is used. This can result in a prison sentence up to 10 years and $10,000 in fines.
When Invasive Video Recording in Texas is Child Pornography
If the subject of the invasive video recording is a minor under the age of 18, then child pornography can be charged as well. The penalties for this can be quite serious, ranging up to a first-degree felony.
In Texas, possession or promotion of lewd visual material depicting a minor is considered a state jail felony.
It can be difficult for someone accused of these crimes to get a fair trial, even though all people are presumed innocent until they’re found guilty.
These are complicated cases that require an equally complicated defense. If you ever find yourself charged with crimes against children, then do what you can to understand the criminal justice process.