Ceja Law Firm – Aggressive Defense Against Serious Felony Charges
Texas law imposes severe penalties for offenses involving possession of child pornography, including lengthy prison sentences and mandatory sex offender registration. These cases are aggressively prosecuted, and a conviction can have lifelong consequences, affecting employment, housing, and personal relationships.
At Ceja Law Firm, we provide strategic, aggressive legal defense for individuals accused of the possession and promotion of possession of child pornography. Whether challenging the legality of a search, contesting an improper confession, or negotiating a reduced sentence, we fight for the best possible outcome.
Why Choose Ceja Law Firm?
When facing charges of this magnitude, experience and knowledge matter. Attorney Jose Ceja is:
- Board Certified in Criminal Law by the Texas Board of Legal Specialization – a distinction held by only a small percentage of Texas attorneys.
- A Former Prosecutor – With firsthand knowledge of how the state builds cases, he uses this experience to identify weaknesses in the prosecution’s strategy.
- Recognized as a Texas Super Lawyer – Awarded for outstanding criminal defense work in complex felony cases.
- Highly Experienced in Digital Evidence Challenges – Skilled in computer forensics, illegal searches, and suppression motions that can get charges reduced or dismissed.
If you or a loved one has been accused of possessing or promoting possession of child pornography, having an experienced Houston criminal defense lawyer is critical.
Texas Child Pornography Laws: What You Need to Know
Under Sec. 43.26 of the Texas Penal Code, a person commits an offense if they:
- Knowingly or intentionally possess or access visual material that depicts a child (under 18) engaged in sexual conduct; and
- Know that the material depicts a child in such a manner.
Promotion of possession of child pornography – possessing with intent to distribute – carries even harsher penalties.
Penalties for Possession and Promotion of Child Pornography in Texas
Under Texas Penal Code §43.26, the punishment for possession or promotion of child pornography depends on the number of images, whether the defendant has prior convictions, and the nature of the material. Texas law treats these offenses very seriously, and certain aggravating factors can significantly increase the penalties.
Base Offense Levels – Possession of Child Pornography
- Third-Degree Felony:
Possession of fewer than 100 visual materials (e.g., photos or videos) is typically charged as a third-degree felony.
Penalty: 2 to 10 years in prison and a fine of up to $10,000. - Second-Degree Felony:
Possession of 100 to fewer than 500 items is a second-degree felony.
Penalty: 2 to 20 years in prison and a fine of up to $10,000. - First-Degree Felony:
Possession of 500 or more visual materials is a first-degree felony.
Penalty: 5 to 99 years or life in prison, and a fine of up to $10,000.
Enhancements for Aggravating Circumstances
The following factors can elevate the charge and increase the punishment range:
- Depiction of Sexual Assault:
If the material depicts a child being subjected to actual or simulated sexual assault or aggravated sexual assault under §22.011 or §22.021, the offense is automatically enhanced to a first-degree felony, regardless of the number of items possessed. - Age of the Child:
If the material depicts a child younger than 10 years of age, the charge is increased by one degree — for example, a second-degree felony becomes a first-degree felony. - Promotion or Distribution:
Possessing child pornography with the intent to promote or distribute it (e.g., uploading, sharing, or selling images) can be charged more severely than mere possession. Promotion is typically a second-degree felony, but enhancements may apply based on content and prior history. - Prior Convictions:
A defendant with a prior conviction under this statute faces enhanced penalties, potentially increasing both the felony level and minimum term of imprisonment.
Additional Consequences of a Conviction
In addition to prison time and fines, a conviction may result in:
- Mandatory sex offender registration
- Restrictions on employment, housing, and internet use
- Immigration consequences for non-citizens, including deportation and permanent inadmissibility
- Lifetime stigma and lossof civil rights such as gun ownership or voting while incarcerated
How Possession is Defined in Child Pornography Cases
Under Texas law, possession is legally defined as having care, custody, or control over an item. Specifically, Texas Penal Code § 6.01(b) states that possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of their control over it for a sufficient time to terminate possession. This means that for a person to be convicted of possession of child pornography, the prosecution must prove that they not only had access to the material but also knew it was in their control and had the ability to dispose of it.
In digital forensics, proving possession is often more complex than in cases involving physical evidence. Prosecutors commonly rely on file system metadata (MAC times)—which indicate when a file was Modified, Accessed, or Created—to argue that a defendant possessed illegal material. However, MAC times alone do not necessarily establish that a person knowingly accessed or controlled a file.
Forensic evidence that may indicate knowing possession includes:
- User activity artifacts such as link files, jump lists, or shell bags, which show whether a file was intentionally opened.
- Download history and file paths that can reveal whether the user actively sought out the material.
- Access logs or repeated access to specific files.
- Evidence of file deletion or concealment, which can suggest awareness of the file’s presence.
A strong defense may challenge whether the defendant was the person actually behind the keyboard when the files were downloaded, whether they had knowledge of the files’ existence, and whether the material was automatically stored or placed on the device by malware or third-party users. This forensic scrutiny is essential, as courts require proof beyond the mere presence of files on a device to establish knowing possession.
Legal Defenses – Challenging the Evidence
Unlawful Search and Seizure
Most possession of child pornography cases involve law enforcement searches of electronic devices. However, the Fourth Amendment protects against unlawful searches, and many cases involve:
- Invalid Search Warrants – Did law enforcement have probable cause to search your devices?
- Warrantless Seizures – Were your devices seized without a valid warrant or exception?
- Private Party Searches – Did cloud storage providers flag files without a warrant before police intervened?
- Exceeding Warrant Scope – Did investigators search beyond what the warrant permitted?
If any of these constitutional violations occurred, a motion to suppress evidence can result in dismissal of the charges.
Challenging Confessions in Child Pornography Cases
In many child pornography investigations, law enforcement attempts to obtain a confession early—often before the accused has spoken to an attorney. These confessions can be powerful and sometimes essential evidence for the prosecution, but they are not always admissible in court. A skilled criminal defense attorney should carefully scrutinize the circumstances under which the confession was obtained to determine whether it can be challenged or excluded.
In Texas, potential grounds for suppressing a confession in a child pornography case include:
- Miranda Violations
If law enforcement interrogated you while you were in custody without first advising you of your constitutional rights—specifically, the right to remain silent and the right to an attorney—your statement may be subject to suppression. - Coercion or Deceptive Interrogation Tactics
Police cannot obtain a confession through threats, promises of leniency, or deception that overcomes your will. Tactics that amount to coercion can render a confession involuntary under Article 38.22 of the Texas Code of Criminal Procedure or the Due Process Clause of the U.S. Constitution. - Mental State and Understanding
A confession may be inadmissible if the defendant was under duress, suffering from mental illness, extremely sleep-deprived, intoxicated, or otherwise impaired in a way that prevented them from understanding their rights or the consequences of waiving them. - Failure to Record the Statement (When Required)
Under Article 38.22, certain custodial statements in Texas must be electronically recorded to be admissible. If the police failed to comply with these statutory requirements, the statement may be excluded.
While lack of criminal intent or knowledge (e.g., in cases involving accidental downloads) may not justify suppression, these issues can still be raised as part of the substantive defense to the charge, even if the confession itself is admitted.
If a confession is found to be inadmissible, the prosecution may lose a critical piece of evidence—especially in digital cases where proving intent or knowledge is already challenging.
Challenging Search Warrants in Child Pornography Cases
In most child pornography investigations—including those in Houston—police execute a search warrant, usually for a home, computer, cell phone, or cloud storage account. These warrants are often based on automated reports from internet providers or third parties. But even when a search is supported by a warrant, the evidence may be suppressed if the warrant was defective or unlawfully executed.
Here are some of the most common legal challenges to search warrants in these cases:
- Lack of Probable Cause
The affidavit must establish a fair probability that evidence of a crime will be found at the location searched. If the affidavit contains vague or conclusory statements (e.g., “this IP address is associated with child pornography”), it may not meet the constitutional threshold for probable cause. - Stale Information
The information used to justify the warrant must be timely. If the evidence cited in the affidavit—such as a download or online activity—occurred many months before the warrant was issued, the probable cause may be considered stale and legally insufficient. - Overbreadth or Lack of Particularity
A valid warrant must describe, with reasonable specificity, the places to be searched and the items to be seized. A warrant that allows officers to seize “any and all digital devices” without limitation could be challenged as overbroad or lacking the particularity required by the Fourth Amendment and Article I, Section 9 of the Texas Constitution. - Misstatements or Omissions in the Affidavit
If the affidavit includes false statements or omits critical facts—intentionally or with reckless disregard for the truth—a Franks hearing may be warranted. If the misleading information was material to the finding of probable cause, the warrant could be invalidated and all evidence suppressed. - Improper Execution of the Warrant
Even if the warrant is valid on its face, evidence can be excluded if the search exceeded the authorized scope, was executed outside the time window specified, or violated other statutory requirements. For example, searching devices not listed in the warrant, or accessing cloud storage without proper authorization, could lead to suppression. - Standing and Reasonable Expectation of Privacy
To challenge a search, the accused must have a legitimate expectation of privacy in the place or device searched. A strong defense may argue that the defendant had no ownership, possessory interest, or regular use of a particular computer or account—undermining the State’s ability to link the evidence to the accused. - Texas-Specific Grounds Under Article 38.23
Texas provides broader protection than federal law in some areas. If evidence was obtained in violation of Texas law—even if federal law might allow it—it may still be excluded under Article 38.23 of the Texas Code of Criminal Procedure.
The Role of Computer Forensics in Possession of Child Pornography Cases
A strong defense requires a thorough forensic analysis of the electronic evidence. At Ceja Law Firm, we work with digital forensic experts to analyze:
- Metadata – To determine when and how files were created, accessed, or modified.
- Unauthorized Access – To assess whether hacking, malware, or unauthorized users placed the files on your device.
- File Paths & Download Histories – To trace the source of the files and whether they were intentionally downloaded.
- Deleted Files – To determine if files were automatically deleted or if there was conscious effort to conceal them.
Why this matters: If someone else had access to your device, or if malware inadvertently downloaded files, you may not be criminally liable.
Sex Offender Registration in Texas
Under Texas law, both a conviction and deferred adjudication for possession or promotion of child pornography result in lifetime sex offender registration. Even if a defendant successfully completes deferred adjudication and avoids a formal conviction, they are still required to register as a sex offender for life.
Sex Offender Registration Requirements
- Public Disclosure: Personal details, including name, address, and offense, are publicly listed in Texas’ online sex offender database.
- Residency & Employment Restrictions: Registrants may be barred from living near schools, parks, and other areas frequented by children.
- Ongoing Reporting Obligations: Registrants must regularly update their information with law enforcement and comply with in-person reporting requirements.
- Travel & Professional Licensing Limits: Restrictions may apply to interstate travel and holding certain professional licenses.
Failure to Register Is a Felony
Failing to comply with sex offender registration laws is a separate criminal offense, punishable as a felony under Texas Code of Criminal Procedure Chapter 62. Violations can result in additional imprisonment and extended registration periods.
Can Sex Offender Registration Be Avoided?
In some cases, negotiating a plea to a lesser charge may allow a defendant to avoid mandatory lifetime registration. Additionally, demonstrating a low risk of reoffending through psychological evaluations and expert testimony at sentencing hearings can improve the chances of obtaining a more favorable outcome.
If you or a loved one is facing charges related to possession of child pornography, consulting with an experienced Houston criminal defense attorney is critical to understanding all possible defenses and minimizing the long-term consequences of a conviction or deferred adjudication.
Can You Receive Probation or Deferred Adjudication for Possession of child pornography?
Under Texas Code of Criminal Procedure Chapter 42A, individuals charged with possession of child pornography have specific avenues for probation (legally known as community supervision), each with distinct eligibility criteria and implications.
Deferred Adjudication
Deferred adjudication is a form of community supervision where a judge defers a finding of guilt, allowing the defendant to complete a probationary period. Upon successful completion, the case is dismissed without a formal conviction. However, this option is available only before a trial begins. To be eligible, the defendant must:
- Plead Guilty or No Contest: Deferred adjudication requires an admission of guilt or no contest plea through a deal with the prosecutor or by asking the judge to place a defendant on deferred adjudication.
- Have No Prior Felony Convictions: The defendant must not have previous felony convictions.
It’s important to note that even if deferred adjudication is granted and successfully completed, the individual is still required to register as a sex offender for life.
Post-Conviction Community Supervision
If a defendant proceeds to trial and is found guilty, the opportunity for deferred adjudication is no longer available. However, probation may still be an option, but only from the jury.
Enhancing Probation Eligibility
If a possession of child pornography case is not dismissed or reduced, the next best result may be to obtain probation. For individuals charged with possession of child pornography, obtaining probation requires strategic legal advocacy. A skilled defense attorney can take steps to improve a defendant’s chances of receiving probation, either by negotiating a plea agreement with the prosecutor or by having the judge assess the sentence after a guilty plea. Key strategies include:
- Negotiating a Favorable Plea Agreement – A defense attorney can work with the prosecution to reach a plea deal that includes probation, particularly in cases where mitigating factors are present.
- Presenting Mitigating Evidence – Reports from therapists or psychologists can demonstrate that the defendant is a low risk for reoffending, which may persuade the prosecutor or judge to consider probation.
- Sentencing Advocacy – If the case proceeds to sentencing before a judge, the defense can present evidence and arguments highlighting the defendant’s background, rehabilitation efforts, and other mitigating factors to support a probation sentence.
An experienced attorney’s ability to present a compelling case for probation can make a significant difference in the outcome of sentencing.
Immigration Consequences of a Conviction
A conviction or deferred adjudication for possession or promotion of child pornography can have serious immigration consequences for non-citizens. These offenses are considered aggravated felonies under federal immigration law, making non-citizens subject to:
- Deportation – Even for lawful permanent residents (green card holders), a conviction can result in removal from the U.S.
- Inadmissibility – A conviction can prevent a non-citizen from obtaining lawful status, renewing a visa, or applying for U.S. citizenship.
- Denial of Asylum or Cancellation of Removal – A conviction makes it nearly impossible to qualify for immigration relief.
Because immigration consequences are severe and often irreversible, it is critical for non-citizens to seek legal counsel from both a criminal defense attorney and an immigration attorney before making any decisions in their case.
Get Legal Help Now – Contact Ceja Law Firm Today
If you or a loved one is facing charges for possession of child pornography, time is critical. A conviction—or even an accusation—can have lifelong consequences. At Ceja Law Firm, we provide aggressive, strategic defense with complete confidentiality. Protect your future—call us today for a private consultation and take control of your defense.
