Conroe Child Pornography Lawyer

Texas takes the defense of the children living within its borders very seriously. If you’re facing charges for the possession or distribution of child pornography, you could be facing severe penalties upon conviction. Work with a Conroe child pornography lawyer to help you aggressively defend yourself against these life-altering charges. 

Trust Benton Baker IV, Attorney at Law 

Benton Baker IV, Attorney at Law, has successfully represented clients facing serious criminal charges at hundreds of jury trials. Mr. Baker has deep connections to Montgomery County and an intimate familiarity with the local judicial system. He is committed to undergoing significantly more annual training than is required by law, and unlike some firms, his practice focuses exclusively on criminal defense. You can trust us with your child pornography case. 

Why Hire a Child Pornography Lawyer? 

In 2024, there were 1,375 federal cases involving child sexual abuse materials (CSAM), with 45.8% of those sentenced facing possession charges and sentenced to an average of 82 months. The average sentence for the 43.1% convicted for trafficking child pornography was 151 months. Of those sentenced, 99.1% were men, and 72.8% had little to no prior criminal history. The Southern District of Texas had the second highest number of individuals sentenced for CSAM. 

This means that anyone who is facing charges at a state or federal level in Texas needs an aggressive defense if they hope to diminish their penalties. Hire a child pornography lawyer right away, so they can get started on your case. A Conroe child pornography attorney can assist you in the ways listed below: 

• Help you understand the relevant child pornography laws and the case being brought against you. 

• File paperwork and keep track of your court dates, so you don’t miss any of them. 

• Evaluate the prosecution’s case against you, looking for potential weaknesses. 

• Gather evidence and interview witnesses to support your case. 

• Look for evidence of constitutional rights violations, such as unlawful searches and seizures. 

• Negotiate a beneficial plea deal on your behalf, should you choose to plead guilty. 

• Represent you aggressively in trial should you decide to take your case to court. 

Working with an experienced CSAM defense attorney is the most effective way to improve your odds of success, especially in emotionally charged cases such as those involving child pornography or the exploitation of a minor. 

What’s Considered Child Pornography? 

Child pornography in Texas involves the depiction of sexual acts by minors. These can include sexual contact, simulated sexual intercourse, deviate sexual intercourse, bestiality, masturbation, or the lewd exhibition of the genitals, anus, or any portion of the female breast that includes the areola. 

Texas child pornography laws prohibit the promotion, creation, or dissemination of any materials that depict sexual conduct by minors. This includes photographs, videos, plays, and motion pictures. Possession of child pornography is also a serious charge that can carry significant penalties. If you are found in possession of six or more identical visual depictions of child pornography, Texas law acts on a presumption that you had the intent to distribute the materials. 

Understanding Child Pornography Penalties 

Child pornography penalties vary depending on the nature of the crime you’re accused of committing. They range from Class A misdemeanors to first-degree felonies. Anyone facing charges involving a sexual performance by a child under Texas Penal Code Chapter 43.25 could be convicted of the crimes below: 

• Class A misdemeanor. Knowingly employing or authorizing a child to work in any place requiring nudity or toplessness, or for any sexually oriented commercial activity. 

• Third-degree felony. Knowingly producing, directing, or promoting a sexual performance by a minor. 

• Second-degree felony. Knowingly employing a minor for sexual performance or producing, directing, or promoting a sexual performance by a minor under the age of 14. 

• First-degree felony. Employing a minor under the age of 14 for a sexual performance. 

You could also face serious charges for possessing or distributing child pornography that has already been created. It’s a third-degree felony to possess child pornography and a second-degree felony to possess it with the intent to promote or distribute the materials. 

Under Texas Penal Code Chapter 12, these crimes are punishable by: 

• Class A misdemeanor. Up to one year in jail and a fine of up to $4,000. 

• Third-degree felony. Between two and 10 years in state prison and a fine of up to $10,000. 

• Second-degree felony. Between two and 20 years in prison and a fine of up to $10,000. 

• First-degree felony. Between five years and life in prison and a fine of up to $10,000. 

Your Conroe child pornography attorney may be able to help you negotiate a reduced sentence, avoiding the worst potential outcomes of a child pornography conviction even if it’s not possible to get the case thrown out or obtain a not-guilty verdict. Just keep in mind that child pornography cases tend to be emotionally charged, and juries can have difficulty maintaining objectivity. It’s not always wise to proceed to a jury trial. 

Defenses to Child Pornography Charges 

There are several valid defenses against child pornography charges. Some of the most effective are listed below: 

• Mistake of fact. The subject appears to be under 18 but is actually above the age of majority. 

• Entrapment. Law enforcement convinced you to possess or distribute child pornography that you otherwise would not have had. 

• Lack of intent or knowledge. You didn’t know that you were in possession of child pornography. 

Developing an effective defense strategy requires a careful evaluation of the evidence and the prosecution’s case against you. You can trust your criminal defense lawyer to determine the correct course of action for moving forward with your case. Whether you are negotiating a plea deal or need defense against charges in front of a jury trial at the Montgomery County Courthouse or Montgomery County Courts of Law, a CSAM defense attorney is a great resource.  

Local Conroe Child Pornography Lawyer 

If you’re facing charges for the possession or distribution of child pornography, you need to take your situation very seriously and work with a Conroe child pornography lawyer who has experience in handling these kinds of difficult cases. 

The team at Benton Baker IV, Attorney at Law, has extensive experience representing individuals just like you who just want the chance to clear their name. Lead attorney Benton Baker IV has nearly 30 years of experience as a criminal defense attorney. In that time, he has taken on countless cases, including child pornography cases.  

When you trust us with your child pornography case, you always meet with and work directly with Mr. Baker, a qualified CSAM defense attorney. Contact our office today to schedule an initial consultation.