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Possession or Promotion of Lewd Visual Material Depicting Child in Texas

The general Possession or Promotion of Lewd Visual Material Depicting Child Law and full text can be found in section 43.25 of the Texas Penal Code.

You can be charged with Possession or Promotion of Lewd Visual Material Depicting Child you knowingly possess, access with the intent to view, or promote visual material that:

  1. 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 material was created
  2. Appeals to the prurient (encouraging an excessive interest in sexual matters) interest in sex
  3. Has no serious literary, artistic, political, or scientific value

A charge of Possession or Promotion of Lewd Visual Material Depicting Child is a State Jail Felony (see below).  However, it is a 3rd Degree Felony if you have a prior conviction under this section or of Possession of Child Pornography.  It is a 2nd Degree Felony if you have been convicted of 2 or more cases under this section or of Possession of Child Pornography.

Range of Punishments for Possession or Promotion of Lewd Visual Material Depicting Child

  • State Jail Felony – The range of punishment is 6-24 months in a state jail facility and a fine of up to $10,000
  • 3rd Degree Felony – The range of punishment is 2-10 years in prison and a fine of up to $10,000
  • 2nd Degree Felony – The range of punishment is 2-20 years in prison and a fine of up to $10,000

What do I do if I am charged with Possession or Promotion of Lewd Visual Material Depicting a Child?

Anytime you are charged with a sex crime it is serious.  You are a monster in the eyes of the public.  The internet commentators will be calling for your head.  The presumption of innocence is all but lost.  You need an attorney, and you need one now.

I am here to stand by your side and help you.  Many people are charged with crimes when they are not guilty.  If this is you then I will do everything in my power to bring the truth up front.  It is sad when people get caught up in a mess that they didn’t create.  But we need to deal with it.  You cannot stand back and feel sorry for yourself, you need to prepare yourself, get legal assistance, and look towards the future.  I will be by your side, and I will be your voice.

If you are guilty, and there is sufficient evidence to prove you are guilty beyond a reasonable doubt, I will still be by your side.  I understand (as most criminal defense attorneys do) better than most that not everyone who commits a crime is a monster.  People make mistakes, people of all walks of life.  I will do everything in my power to get you the best result possible and hopefully lead you on a path to a new beginning.

Get a Free Consultation

The first step is to call me.  My number is 713-222-2828.  My consultations are free.  Let’s set up an appointment and talk.  I will be honest and up front with you and I will explain what our initial plan will be.  You need someone who is experienced, and someone who cares.  My name is Eric Benavides, and I will be waiting for your call. You can also contact me about your case by filling in the following information.