Justin Wilson
Senior Attorney
When facing child pornography charges in Frisco, Texas, you need skilled criminal defense attorneys who understand these serious allegations. At My Dallas Criminal Lawyer, our legal team provides aggressive defense representation for individuals accused of child pornography offenses throughout Collin County, Denton County, and the surrounding areas near Plano.
Child pornography charges carry severe penalties. These include lengthy prison sentences, substantial fines, and mandatory sex offender registration. Additionally, these allegations can destroy your reputation, career, and relationships even before a conviction occurs. Our Frisco child pornography defense attorneys have the knowledge and skill necessary to protect your rights. Furthermore, we fight for the most favorable outcome possible.
Child pornography cases in Texas fall under Texas Penal Code § 43.26. This law criminalizes the possession, promotion, and production of visual material depicting minors engaged in sexual conduct. These charges can be prosecuted at both the state and federal levels, depending on the circumstances of your case.
Our attorneys understand that child pornography investigations often begin with digital evidence. Law enforcement obtains this evidence through internet monitoring, peer-to-peer file sharing investigations, or searches of electronic devices. Law enforcement agencies use advanced technology to track online activity. However, these methods are not perfect and can lead to wrongful accusations.
When you contact our firm, we immediately begin protecting your constitutional rights. We advise clients to exercise their right to remain silent. Additionally, we recommend avoiding speaking with law enforcement without legal representation present. Any statements made during questioning can be used against you in court. Therefore, having a skilled attorney present during all interactions with investigators is important.
The distinction between state and federal charges often depends on several factors. These include interstate commerce, the use of the internet, or the volume of material involved. Federal charges typically carry harsher penalties. However, both state and federal cases require skilled legal representation to handle the legal challenges effectively.
Texas law categorizes child pornography offenses into several distinct charges. Each charge carries different penalty ranges. Possession of child pornography is typically charged as a third-degree felony. This charge is punishable by 2 to 10 years in prison and fines up to $10,000. However, the penalties increase significantly based on several factors. These include the number of images, the age of the children depicted, and whether the defendant has prior convictions.
Promotion or distribution of child pornography is generally charged as a second-degree felony. This charge carries a potential sentence of 2 to 20 years in prison. Production penalties vary significantly based on factors such as the victim’s age, the defendant’s criminal history, and statutory enhancements. Precise sentencing depends on detailed case factors.
Recent Legislative Updates (2025): Texas has enacted new provisions criminalizing AI-generated child pornography as a state jail felony (180 days to 2 years imprisonment). The state also added offenses for using real children’s images to train AI models. These amendments became effective September 1, 2025.
Beyond the immediate criminal penalties, a conviction requires lifetime registration as a sex offender under Texas law. This registration requirement affects where you can live, work, and travel. Sex offenders face restrictions on residing near schools, daycare centers, and other locations where children congregate. Many employers conduct background checks that will reveal sex offender status. As a result, finding employment becomes extremely difficult.
The consequences extend to family relationships as well. Convicted sex offenders may face restrictions on contact with their own children. They may also be prohibited from attending school events, sporting activities, and other family gatherings. These long-term consequences make it important to mount an aggressive defense from the moment charges are filed.
Our Frisco child pornography defense attorneys focus heavily on constitutional challenges and evidence suppression strategies. The Fourth Amendment protects against unreasonable searches and seizures. Law enforcement must follow strict protocols when obtaining digital evidence.
Many child pornography cases involve searches of computers, smartphones, and other electronic devices. These searches require valid warrants that specifically describe the devices to be searched and the evidence sought. We carefully examine the circumstances surrounding the initial investigation. Additionally, we review the warrant application process and the execution of the search to identify potential constitutional violations.
Digital evidence presents unique challenges in terms of chain of custody and authentication. We work with forensic professionals to examine how evidence was collected, stored, and analyzed. Any breaks in the chain of custody or improper handling of digital evidence can result in suppression of important evidence against you.
Cloud storage and remote access issues create additional opportunities for constitutional challenges. When law enforcement accesses files stored on remote servers or cloud-based storage systems, they may exceed the scope of their search warrant. They may also violate privacy expectations. We examine whether proper procedures were followed when accessing online accounts. Furthermore, we determine whether the search warrant adequately covered remote storage locations.
Internet service provider records and IP address tracking also present potential challenges. Law enforcement must follow proper procedures when obtaining subscriber information from internet service providers. We scrutinize these requests for compliance with federal and state privacy laws.
Early legal intervention can make the difference between charges being filed and an investigation being closed without prosecution. When you become aware that you’re under investigation for child pornography offenses, contacting a skilled attorney immediately protects your rights. Additionally, it may prevent charges from being filed.
We advise all clients to exercise their right to remain silent during any law enforcement contact. Investigators often use advanced interrogation techniques designed to elicit admissions or confessions. Even seemingly innocent statements can be taken out of context and used against you in court.
Preserving potentially exculpatory evidence is another important aspect of early intervention. Digital evidence can be easily altered or destroyed. Therefore, securing relevant devices and accounts as soon as possible is important. We work with forensic professionals to create forensic images of devices and preserve evidence that may support your defense.
You should immediately exercise your constitutional right to remain silent. Do not speak with law enforcement, consent to a search of your electronic devices, or answer any questions without a skilled defense attorney present. Anything you say can be used against you. Contacting our firm as soon as you are aware of an investigation allows us to protect your rights from the very beginning.
The penalties are severe and life-altering. Possession is typically a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000. Promotion or distribution is often a second-degree felony with a potential sentence of 2 to 20 years. Beyond prison and fines, a conviction requires mandatory lifetime registration as a sex offender, which severely impacts where you can live, work, and travel.
Our defense strategy often focuses on constitutional challenges. We meticulously examine the search warrants used to seize your devices and data, looking for any violations of your Fourth Amendment rights against unreasonable searches and seizures. We also work with forensic experts to challenge the chain of custody and authentication of digital evidence, as improper handling can lead to evidence being suppressed in court.
Yes. As of September 1, 2025, Texas has new laws that criminalize AI-generated child pornography. Creating or possessing such material is now a state jail felony, which carries a penalty of 180 days to 2 years of imprisonment. The new legislation also makes it an offense to use images of real children to train AI models for this purpose.
Whether a case is prosecuted at the state or federal level often depends on factors like the use of the internet, involvement of interstate commerce, or the amount of material in question. Federal charges are typically pursued in more complex cases and often carry significantly harsher penalties than state charges. Both require an aggressive and knowledgeable legal defense.
Early legal intervention is critical. An attorney can prevent you from making incriminating statements to investigators and can begin preserving crucial evidence that may support your defense. In some cases, early action by a skilled legal team can demonstrate weaknesses in the investigation, potentially convincing prosecutors not to file charges at all.
If you’re facing child pornography charges in Frisco, Collin County, or Denton County, don’t wait to seek legal representation. These cases move quickly. Early intervention can be important to protecting your rights and achieving a favorable outcome.
At My Dallas Criminal Lawyer, our attorneys bring unique advantages to child pornography defense cases. Founding attorney Justin Wilson’s background as a former prosecutor provides valuable insight into how the state builds these cases and where weaknesses may exist. This prosecutorial background, combined with our team’s comprehensive understanding of digital forensics, creates a powerful defense strategy.
Contact My Dallas Criminal Lawyer today at 214-949-4117 for a confidential consultation. We’re available 24/7 to discuss your case and begin building your defense strategy immediately. Our skilled attorneys will review the facts of your case. Additionally, we’ll explain your legal options and develop a comprehensive defense strategy tailored to your specific circumstances.
Your reputation, freedom, and future are at stake. Contact us today to schedule your confidential consultation and take the first step toward protecting your rights and your future.
Collin County
August 2025
Acquitted
Driving While Intoxicated Jury Trial
Collin County
August 2025
Dismissed
Second-Degree Felony Sexual Assault of a Child
Ellis County
August 2025
Dismissed
Assault Causes Bodily Injury to a Family Member
Collin County
August 2025
Felony Reduced
State Jail Felony DWI with Child Reduced to Misdemeanor
Denton County
July 2025
NO-BILL
3 Counts of Manslaughter & 3 Counts of Aggravated Assault with a Deadly Weapon
Dallas County
June 2025
Dismissed
Second-Degree Felony Aggravated Assault with Deadly Weapon
Denton County
June 2025
Felony No-Billed & Motion to Revoke Withdrawn
State Jail Felony Injury to Elderly & Motion to Revoke Misdemeanor Probation
Dallas County
May 2025
Deferred Adjudication
Second-Degree Felony Aggravated Assault w/Deadly Weapon Reduced to Class A Misdemeanor Discharge of Firearm in Certain Municipalities