Managing Attorney
Being charged with possession or promotion of child pornography in Texas is one of the most serious legal situations a person can face. The consequences can include prison time, lifetime sex offender registration, and lifelong social stigma. However, not every case results in prison. Depending on the facts, probation—either regular or deferred adjudication—may be a possibility.
This article explains the potential charges, punishment ranges, and probation eligibility in Texas child pornography cases. It also breaks down the key differences between regular and deferred adjudication probation. This overview is particularly helpful for individuals and families facing charges in the Houston area and throughout Harris County.
Charges and Punishment Ranges
Under Texas Penal Code § 43.26, the most common charges related to child pornography include:
- Possession of Child Pornography: Generally, a third-degree felony (2–10 years in prison and up to a $10,000 fine).
- Promotion or Distribution: A second-degree felony (2–20 years).
- Aggravated promotion (involving six or more items) may lead to first-degree felony charges (5–99 years).
Enhancements may apply if the defendant has a prior sex-related conviction, if the images depict very young children, or if the offense involved file sharing or network distribution.
Probation Eligibility in Texas Child Pornography Cases
Texas law refers to probation as “community supervision”, and there are two types:
- Regular (post-conviction) probation
- Deferred adjudication probation (no final conviction entered)
Both options are governed by Chapter 42A of the Texas Code of Criminal Procedure, but eligibility depends heavily on how the case is charged and the defendant’s history.
1. Deferred Adjudication Probation
A person who pleads guilty or no contest may be eligible for deferred adjudication if:
- The judge agrees to place the person on community supervision, and
- The offense is not one that is categorically ineligible under Chapter 42A.
Eligibility:
Under Tex. Code Crim. Proc. art. 42A.102, deferred adjudication is not available for certain aggravated offenses and repeat sex offenses, but it is technically available for first-time possession or promotion of child pornography unless the offense is enhanced to an aggravated status (e.g., involving a child under six or a prior conviction listed in Article 42A.054). Courts must still consider public safety, risk of reoffending, and whether the defendant is amenable to treatment.
Conditions:
The court may impose a child safety zone, psychological evaluations, sex offender treatment, and monitoring of internet usage. These conditions are detailed in Art. 42A.453.
Consequences:
Even after successful completion, the person must still register as a sex offender. Deferred adjudication does not result in a conviction, but it is not eligible for expunction. A person may petition for nondisclosure in some cases—but not if sex offender registration is required.
2. Regular (Post-Conviction) Probation
If the court finds the defendant guilty, the court or jury may suspend the sentence and place the person on regular community supervision. If eligible, a person can be placed on regular probation before or after a trial (deferred adjudication is only available, if at all, before a conviction at trial).
Eligibility:
- Jury-recommended probation is not available for defendants convicted of certain sex crimes involving children (see Art. 42A.055(c)).
- Judge-ordered probation is allowed in many cases, except when a deadly weapon was used or in cases where mandatory minimums exceed 10 years.
So, for a third-degree or even a second-degree child pornography case without aggravating factors, a judge could impose regular probation.
Conditions:
Similar to deferred adjudication, probation conditions are strict. Judges often impose sex offender treatment, polygraph exams, restrictions on internet use, random searches, and restrictions on contact with minors.
Typical Resolutions in Practice
While some child pornography cases go to trial, many resolve through plea negotiations. Common resolutions include:
- Deferred adjudication with intensive treatment and long-term supervision
- Regular probation with sex offender conditions
- Prison time with parole eligibility, often with enhancements
Factors that influence a favorable outcome include:
- First-time offense
- No evidence of production or distribution
- Demonstrated remorse
- Strong mitigation (mental health, family support, no prior criminal history)
- Cooperation during investigation
Common Outcomes in Houston Child Pornography Cases
Although every case is unique, some possible case resolutions include:
- Dismissal if the charges cannot be proved or if the police acted illegally and critical evidence is suppressed
- Deferred adjudication probation for first-time possession cases with mitigating factors
- Regular probation with intensive sex offender conditions
- Plea agreements with prison time (especially in cases involving distribution or aggravating content)
- Trial and sentencing by jury, with or without a recommendation of probation
Factors that influence the outcome include:
- The number and nature of files
- Whether distribution is alleged
- Evidence of intent or financial gain
- The defendant’s criminal history
- Willingness to undergo treatment
- Expert evaluation results
In Harris County and other Houston-area jurisdictions, judges often look closely at risk assessments and psychological evaluations before deciding on probation.
How a Defense Lawyer Can Improve the Chances of Probation
Even when deferred adjudication or regular probation is technically available under Texas law, many judges and prosecutors are hesitant to offer it in child pornography cases. This is especially true in jurisdictions like Houston, where courts handle a high volume of serious sex offenses.
An experienced child pornography defense lawyer must be proactive in building a case for probation. This often includes working with:
- Licensed sex offender treatment providers
- Psychologists or therapists who can conduct risk assessments
- Mitigation experts to present a full picture of the client’s background and rehabilitation potential
In many cases, a defense attorney will help arrange for an early psychosexual evaluation and pre-treatment intake to demonstrate that the client is not a danger to the community and is amenable to supervision and treatment.
Additionally, an attorney may present letters of support, evidence of voluntary treatment, and documentation showing steps already taken to address underlying behavioral or mental health issues. The goal is to persuade the prosecution and the judge that probation is both safe and appropriate.
Without this kind of advocacy, a person who qualifies for probation on paper could end up serving a lengthy prison sentence. That’s why choosing a defense attorney with experience in child pornography cases—especially in the Houston area—is critical.
Final Thoughts
If you or a loved one is facing child pornography charges in Houston, Harris County, or the surrounding areas, it is critical to contact an experienced criminal defense lawyer immediately. At Ceja Law Firm, we understand what is at stake and know how to position clients for the best possible outcome.
If you or a loved one is facing child pornography charges anywhere in the Houston area, it is critical to speak with an experienced criminal defense attorney immediately. The right legal strategy can mean the difference between prison and a second chance. Call Ceja Law Firm today for a free consultation.
