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Tuesday, Oct 27, 2020
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Law

Child Pornography Sentencing and Possible Defenses

Researches show that over 20% of child porn contains visual depictions of children. Child pornography is described as a sexually related image of a child.

Child pornography is on the rise. It is a business that makes millions. Due to the increasing amounts of this material, criminal justice officials are trying to crack down on the production and distribution of pornographic materials featuring children.

According to Texas state law, anyone under the age of 18 years is covered under the child pornography law. It is federal because of the creation, distribution, and possession of a video or images that contain child pornography.

Many people use kids because of sexual gratification and fantasy among adult viewers. Another reason is that the younger the actress or actor is in a specific pornographic video, the more that they get aroused. In addition to those reasons are for curiosity and profiting.

The punishment for federal child pornography convictions is more severe than the sentence of the same crime under the Texas law. The law states that possession, distribution, and receipt of child pornography is punishable through a jail sentence of up to 10 years. The maximum increases to up to 20 years if the child is under 12 years.

Distribution and knowing to receive the child pornography is punishable with a minimum of 5 years and a maximum of 20 years in prison. If the child depicted in the pornography is under 12 years, the conviction will probably increase to between 15 years and 40 years.

Internet child pornography cases are tough to defend since the jurors view the images or the videos of the assaulted children. If found guilty, you may face harsh sentences. If you are wrongly convicted of child pornography, there are ways you can prove your innocence.

Spam is one of the reasons individuals are falsely accused of child pornography. You can accidentally download these videos and images without realizing the kind the photos were in. This is wrongful occurrence and can lead to an honest conviction.

Another reason why a person can be wrongly accused is when the possession was not intentional. This defense could be possible if you accidentally received the materials through email or just clicking on something that you didn’t know its content. As simple as going to the website due to a typological mistake in a web address can result in child pornography downloading.

You can also be charged with possession of child pornography if you share your devices with other people, or if someone has access to your computer. People may try to avoid being caught by using someone else device to distribute and download child pornography. This is especially in an organization where individuals have access to multiple computers.

It is sometimes difficult for a prosecutor to prove that you are guilty of distributing or possessing this type of material. They must have strong evidence for a child pornography conviction to occur.

If you are facing the state child pornography or even the person convicted is someone you love, it is essential to contact an experienced Houston child porn lawyer as soon as possible.

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