Fearless San Antonio Attorney Defends Clients Charged with Child Pornography
Skilled Texas lawyer works to protect your rights and reputation
Child pornography is rightfully condemned by the law and society. The need to protect children is therefore understandable, but the government has taken a draconian approach to the problem. In an age where computer hacking is prevalent, even the innocent can become enmeshed in the net of the law. Kevin L. Collins, P.C. brings more than 27 years of experience as both a prosecutor and defense counsel when representing Texans accused of serious charges. It is my firm belief that everyone is entitled to a vigorous defense, no matter the allegation. If you stand accused of producing, possessing or distributing child porn, I am ready to protect your rights under the law from my San Antonio office.
Federal law punishes the production of child pornography
Child pornography is the visual depiction of anyone under 18 years of age engaging in sexually explicit conduct. Usually, the child pornography must also be distributed or intended for distribution by such means as mailing, shipping or computers. Federal law prohibits:
- Using a child in making pornography (either as an actor or assistant) that is intended for distribution or is actually distributed In the United States
- Permitting a child of which you are a parent, guardian or custodian to take part in making pornography
- Advertising or giving notice of child pornography
All of these offenses are punishable by at least 15 years in prison, but the prison terms are stiffer if the defendant has been previously convicted of sexually abusing children. In some circumstances, buying and selling of children for use in child pornography carries a sentence of 35 years to life. In addition, knowingly modifying adult pornography to look as though an identifiable child is engaged in sexually explicit conduct can earn 15 years in prison. If you face any of these allegations, I will seek a defense that limits the potential penalties.
Federal law also punishes the distribution, reproduction, receipt and use of child pornography
In addition to prohibiting the production and advertising of child pornography, federal law punishes anyone who knowingly:
- Distributes child pornography or reproduces it for distribution
- Promotes, solicits, receives or shows child pornography that has been distributed
- Sells or possesses with intent to sell child pornography on federal land or after it has been distributed
- Possesses child pornography or accesses it with intent to view it on federal land, at sea or after it has been distributed
Possessing or accessing child pornography with the intent to view is punishable by up to 10 years in prison if the child is an adolescent, up to 20 years if younger, and 10 to 20 years if the defendant has a prior conviction for child sexual abuse. All the other prohibited acts on this list are punishable by 5 to 20 years in prison, increased to 15 to 40 years if the defendant has a prior conviction for child sexual abuse.
How a proven attorney defends you on child pornography charges
If you’re convicted of possessing or distributing child pornography, you not only face substantial prison time but will also be listed on a sex offender registered for life. Fortunately, some of these offenses have limited affirmative defenses. A person who possesses only one or two images of child pornography may avoid a charge of possession or accessing with intent to view it if he takes steps to destroy or report those images to law enforcement. It is an affirmative defense to many of the other offenses (other than the actual production of the pornography) that the alleged child pornography does not depict any actual minors. I have the knowledge and experience to counsel you on your rights and options and to give you a vigorous defense to any child pornography charges you face.
Contact a San Antonio defense attorney for a child pornography charge
If you are charged with a child pornography crime, it’s important to seek skilled counsel immediately. Kevin L. Collins, P.C. in San Antonio represents Texans who face these serious charges. Call me at 210-598-8629 or contact me online to schedule a consultation.