Criminal defense across Denton County and Collin County
Possession or Promotion of Lewd Visual Material Depicting a Child
Chapter 43 of the Texas Penal Code defines charges and punishments for offenses of public indecency.
“Possession or Promotion of Lewd Visual Material Depicting a Child,” as per § 43.262 of the Texas Penal Code, occurs when a person knowingly possesses, accesses with intent to view, or promotes visual material that:
depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;
appeals to the prurient interest in sex; and
has no serious literary, artistic, political, or scientific value.
An offense under this section is a state jail felony, except that the offense is:
a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and
a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.
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State Jail Felony
Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
Imprisonment in the institutional division for not more than 20 years or less than two years
Punishment Range State Jail Felony Confinement in a state jail for not more than two years and not less than 180 days In addition to confinement, may receive a fine not to exceed $10,000 Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069
Office locations
- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024