Where Hard Cases Are Handled! (469) 935-4600
Where Hard Cases Are Handled!
(469) 935-4600
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Sex Crimes
Child Pornography Criminal Defense Lawyers in Frisco, Texas
Relentless Defense Against Sex Crimes Allegations in Frisco, Carrollton, Collin, Denton & Surrounding Counties
Being charged with possession of child pornography or any other sex crime in Collin, Denton, Dallas and surrounding counties will probably mark your entry into the most terrible period of your life. Your freedom, your job, and your reputation are all on the line here. Selecting the sex crimes defense lawyer that will truly keep your case in their minds and strive to do their utmost best to protect your rights and freedom will be the biggest decision you will have to make. The worst thing would be to pick the Indecency | Sex Crimes | Child Pornography defense lawyer with the flashiest advertising who only views your case as just another file. You should look for a Collin and Denton County Sex Crimes | child pornography defense lawyer that not only empathizes with what you are going through but also possesses the knowledge and statutory necessary to handle these delicate yet serious criminal offense charges.
Ridgely Davis Law is composed of experienced Sex Crimes Child Pornography Defense Lawyers in Frisco, Texas serving all of Denton, Collin and surrounding counties with experience in computer crimes, pornography, and sex crimes and have been representing clients charged with sexual offenses such as possession and or distribution of child pornography cases at the state and federal levels for many years. Our Collin, Denton County Sex Crimes Defense Lawyers have a well-deserved reputation for being aggressive litigators who consistently achieves favorable outcomes for their clients.
What actually Constitutes Child Pornography
The term “child pornography” refers to pictures, movies, and even certain types of writing that represent sexually explicit behaviors that take place with a child as the participant. When a minor is subjected to sexual actions that are then recorded in the production of “child pornography,” the child is deemed to be subjected to abuse. It also refers to any visual portrayal of sexually explicit action involving a juvenile, and both federal and state laws use this definition (persons under 18 years of age). Images that depict “child pornography” can also be referred to as “images depicting child sexual abuse.” The creation of “child pornography,” as well as its dissemination, importation, reception, and possession, are all illegal activities according to federal law. A breach of any legislation pertaining to child pornography is considered a serious felony, and those who are found guilty of such a violation risk harsh statutory penalties. If you are accused of having these materials, it is imperative that you get in touch with an experienced Collin, Denton County Child Pornography Attorney | Sex Crimes Defense Lawyer as soon as possible if you or a member of your family is facing such a serious criminal offense in Frisco, Carrollton, and surrounding North Texas Areas.
One of the worst and most distressing things that may happen to a person is to be accused of committing a crime that falls under the category of child pornography in Collin and Denton Counties or another sex crime involving children. These violations are among the most serious felonies, and those who are found guilty of them face significant penalties and even lengthy harsh jail sentences in some cases. Arrests on child pornography accusations are becoming increasingly prevalent in today’s age of digital media since it is quite simple to examine the computer history of these types of allegations and these materials can easily and often times accidentally be encountered and registered in the computers hard drive and histories.
The police monitor suspected internet behavior, pinpoint the precise location of the computer in question, and then use this information to apply for a search warrant and/or an arrest warrant. The public indignation that these cases arouse causes prosecutors to typically take a strong position, and they will refuse to dismiss or lessen a case because of the public outrage that these cases provoke unless the child pornography defense lawyer puts on an aggressive defense and lets the prosecution see that they a guilty verdict is not a certainty. No prosecutor wants a loss in their records for a sex crime or child pornography case.
Cases involving “child pornography” are distinct and delicate, and they need for the assistance of not just the run of the mill criminal defense lawyer that handles DWIs and misdemeanors, but instead require the attention of a serious experienced criminal defense lawyer with experience handling and resolving sex crimes allegations including those of possession of child pornography in North Texas. The Frisco, TX and Carrollton, TX Sex Crimes Defense Lawyers at Ridgely Davis Law have the knowledge and experience to guide and position these cases for the best possible outcome. With insight into unique computer forensic issues, the way the government investigates and prosecutes these cases (and the mistakes they make), and evolving case law, Ridgely Davis Law is able to prepare these cases for the best result, which is always amid towards a dismissal.
Our primary focus is defending clients who have been accused of committing serious criminal offenses and leveling the playing field with the government in internet and sex crimes such as possessing “child pornography,” engaging in “child pornography” distribution or promotion, receiving “child pornography,” possessing obscene material, and engaging in “online solicitation of a minor.”
If you or someone you love is facing this charge, please contact the experienced Child Pornography | Sex Crimes Defense Lawyers at Ridgely Davis Law in Frisco, TX serving Collin, Dallas, Denton and surrounding counties, to discuss the specific facts pertaining to the failing to register as a sexual offender allegations so that our Defense team can start preparing your defense and minimizing your exposure. It cannot be overstated how important it is to get your defense started as early as possible.
Prosecution of Sexual Offenses at the Federal Level
Law enforcement authorities and prosecutors in Texas, as well as across the rest of the United States, make a concerted effort to ensure that anybody accused of committing a sexual offense is brought to justice and punished to the maximum degree permitted by the law. Perhaps the harshest prosecutions of these penalties takes place here in Collin and Denton Counties. Both state and federal courts have jurisdiction over cases involving allegations of child pornography so depending upon the facts and circumstances, you may be charged federally for violating the child pornography laws. Federal sexual offenses include harsher punishments and fines, in addition to the need that offenders register themselves as sexual offenders and the possibility of up to 20 years in jail for each incident. It is possible to get a sentence of up to 40 years in federal prison for a second conviction in a case involving child pornography.
Because there is so much at stake, you will require the services of a trusted Child Pornography Defense Lawyer in Collin | Denton Counties who is not only committed to aggressively representing their clients but who are also highly skilled and knowledgeable in these complex areas of the law. To truly have the criminal defense advocate you need on your side, you must be confident that they will take the time to comprehend your circumstance, investigate the facts of your case, and put in the effort to provide the aggressive defense that you require and not use a “one size, fits all” defense mentality. You are going to require the assistance of an experienced and relentless Sex Crimes Defense Lawyer dedicated to defending your rights and working to achieve the most favorable conclusion possible on your behalf.
The Child Pornography Defense Attorneys at Ridgely Davis Law protect and defend the legal rights of all clients suspected of, arrested for, accused of, or have been convicted of any sexual offense under both state and federal laws such as “child pornography” at the state or federal level. If you or someone you know has been charged with or is under investigation for distribution, receipt, or possession of child pornography on the Federal Level contact our Collin, Denton, Dallas Sex Crimes Defense attorneys right now (469) 935-4600.
The Law in Texas
The state of Texas prohibits the promotion, use, or exploitation of children under the age of 18 for the purpose of performance or employment or the conduct of sexual acts or depictions of acts of a sexual nature. “Sexual conduct” is defined by Texas law as “sexual contact,” “actual or simulated sexual intercourse,” “deviate sexual intercourse,” “sexual bestiality,” “masturbation,” “sadomasochistic abuse,” or “lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.” It is against the law to promote, develop, or transmit works that show any such sexual conduct by any means of visual representation, including plays, movie films, photography, and or all other forms of visual depiction.
According to the laws of the state of Texas, not only is it illegal to possess “child pornography,” but it is also illegal to possess such material with the purpose to promote or distribute it. If six or more visually identical depictions of a child engaging in sexual conduct are discovered, then there will be a presumption that the defendant had the intent to promote the materials. This presumption can be rebutted by presenting evidence that the defendant did not intend to promote the materials and you will need the assistance of an experienced Child Pornography Defense Lawyer to convey this to the prosecutor and get them to listen and consider the circumstances.
CONSULT AN Experienced Child Pornography Defense Lawyer in Frisco, Texas
If you or someone you care about has been charged with a sex crime such as possession or distribution of child pornography in Frisco, Texas, Carrollton, TX and within Collin, Dallas, Denton and surrounding counties, you need an attorney who is skilled and competent to fight for your constitutional rights and defend your innocence.
You can count on the Sex Crimes Criminal Defense Lawyers at Ridgely Davis Law to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Ridgely Davis Law right now at (469) 935-4600 to schedule a no-cost consultation appointment.
Schedule a Free Case Evaluation with an Experienced Sex Crimes Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
Take the first Step
Accused a Sex Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward. At Ridgely Davis Law our Sex Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique Assault matter.
Over 35 Years Combined Legal Experience
Texas Penal Code 43.26 Possession or promotion of child pornography STatutes
Sec. 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.
(a) A person commits an offense if:
(1) the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and
(2) the person knows that the material depicts the child as described by Subdivision (1).
(b) In this section:
(1) “Promote” has the meaning assigned by Section 43.25.
(2) “Sexual conduct” has the meaning assigned by Section 43.25.
(3) “Visual material” means:
(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or
(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.
(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.
(d) An offense under Subsection (a) is a felony of the third degree, except that the offense is:
(1) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under that subsection; and
(2) a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under that subsection.
(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and
(2) the person knows that the material depicts the child as described by Subsection (a)(1).
(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.
(g) An offense under Subsection (e) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subsection.
(h) It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:
(1) possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;
(2) allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and
(3) took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).
Sec. 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR.
(a) In this section:
(1) “Dating relationship” has the meaning assigned by Section 71.0021, Family Code.
(2) “Minor” means a person younger than 18 years of age.
(3) “Produce” with respect to visual material includes any conduct that directly contributes to the creation or manufacture of the material.
(4) “Promote” has the meaning assigned by Section 43.25.
(5) “Sexual conduct” has the meaning assigned by Section 43.25.
(6) “Visual material” has the meaning assigned by Section 43.26.
(b) A person who is a minor commits an offense if the person intentionally or knowingly:
(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or
(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.
(c) An offense under Subsection (b)(1) is a Class C misdemeanor, except that the offense is:
(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor:
(A) promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or
(B) except as provided by Subdivision (2)(A), has previously been convicted one time of any offense under this section; or
(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been:
(A) convicted one or more times of an offense punishable under Subdivision (1)(A); or
(B) convicted two or more times of any offense under this section.
(d) An offense under Subsection (b)(2) is a Class C misdemeanor, except that the offense is:
(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or
(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section.
(e) It is an affirmative defense to prosecution under this section that the visual material:
(1) depicted only the actor or another minor:
(A) who is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or
(B) who was the spouse of the actor at the time of the offense; and
(2) was promoted or received only to or from the actor and the other minor.
(f) It is a defense to prosecution under Subsection (b)(2) that the actor:
(1) did not produce or solicit the visual material;
(2) possessed the visual material only after receiving the material from another minor; and
(3) destroyed the visual material within a reasonable amount of time after receiving the material from another minor.
(g) If conduct that constitutes an offense under this section also constitutes an offense under another law, the defendant may be prosecuted under this section, the other law, or both.
(h) Notwithstanding Section 51.13, Family Code, a finding that a person has engaged in conduct in violation of this section is considered a conviction for the purposes of Subsections (c) and (d).
Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD.
(a) In this section:
(1) “Promote” and “sexual conduct” have the meanings assigned by Section 43.25.
(2) “Visual material” has the meaning assigned by Section 43.26.
(b) A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that:
(1) depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;
(2) appeals to the prurient interest in sex; and
(3) has no serious literary, artistic, political, or scientific value.
(c) An offense under this section is a state jail felony, except that the offense is:
(1) a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and
(2) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.
(d) It is not a defense to prosecution under this section that the depicted child consented to the creation of the visual material.
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