Kent Starr is a criminal defense attorney in McKinney, Texas. He has practiced criminal defense in Collin County since 1997 and takes every consultation himself. The consultation is free and confidential: (214) 982-1408.
Every child has a right to protection against all forms of sexual exploitation and sexual abuse. Child pornography is defined under the law as any visual depiction of sexually explicit material involving a minor. The material can be represented by film, picture, computer image, or other means. Federal law prohibits any person from producing, distributing, importing, receiving, or possessing such content. An infringement of federal child pornography law is a serious crime that attracts heavy punishment for a first offender and even harsher criminal sentences for subsequent offenses.
Here is what to know about child pornography in Texas:
Texas laws regarding child pornography
Both the Federal government and the state of Texas prohibit the creation, promotion, or distribution of materials that depict acts of sexual nature involving children under the age of 18 years. Texas prosecutes these cases under Penal Code Section 43.26, and the statute was overhauled effective September 1, 2025. The full definition, including how the law now treats AI-generated material, is covered in What Is Child Pornography Under Texas Law?
Once police learn that a certain household is sending or receiving child pornography online, they will obtain a search warrant, seize the equipment used in committing the crime, and commence an investigation. The officers will also seek to interrogate the suspect with the aim of getting a confession. Some child sexual abuse images will feature children in distress, while others will show children who appear to be complacent. Law enforcement agencies will work to prove beyond reasonable doubt that the people depicted in the images are under 18 years of age.
Penalties for child pornography in Texas
Courts of law in Texas do not take the issue of child pornography lightly. When determining an accused’s sentence, the court will consider factors such as the defendant’s role in the crime, the defendant’s history, and the age of the children involved in the sexual conduct.
Since the September 1, 2025 overhaul of Section 43.26, Texas treats material depicting a real child and computer-generated material as separate offenses. Possession of real-child material starts at a third-degree felony and scales up to a first-degree felony depending on the number of images, the age of the child depicted, and prior convictions. Promotion, which includes distributing, transmitting, or sharing the material, is punished more harshly than possession. The penalty ladder and the probation consequences are laid out in the 3G offense post.
Upon being convicted, child pornography offenders must register with the sex offender registry. The registry is public and restricts where the individual can live and work.
Defenses to child pornography charges
A defense in these cases usually attacks one of three elements.
The age of the person depicted. The State has to prove the person in the image was under 18 when it was made, and medical and forensic experts can be retained to contest that.
Whether the material meets the legal definition. Not every image investigators collect qualifies as child pornography under Section 43.26, and material that does not show the sexual conduct the statute defines cannot support the charge.
Knowledge and intent. The State has to prove knowing or intentional possession. Files another user of a shared device downloaded, or material that arrived unsolicited, can defeat that element, and a forensic examination of the device often tells the real story.
When to speak to an attorney
The moment you learn you are the subject of an investigation is the moment to contact a lawyer. That holds true at a formal arrest and it holds true when charges are filed. Do not speak to the prosecutor or law enforcement without an attorney present, and do not consent to a search of your devices.
Talk to Kent Starr
Kent Starr has worked on serious felony cases since 1997, including sex crimes defense. He handles the bond process and the criminal defense together, so one call can address both. Call (214) 982-1408 for a free, confidential telephone consultation.
Sources
Reference: statutes.capitol.texas.gov
Reference: texasattorneygeneral.gov