Sex Offenses + Child Pornography
There are special evidence and procedural rules in Texas for sex offenses involving children and for possession of child pornography cases. These special rules make it easier for the State to prove the case at trial. If you are charged with one of these crimes, you should make sure that you hire a lawyer with experience in dealing with these special rules to determine how they affect your case.
In particular, if you are outside of Texas but charged in Texas with an offense involving the use of the internet to transmit child pornography you should be aware that Texas Penal Code Section 1.04(a) limits Texas’ territorial jurisdiction, meaning that you may be able to show that your charge should be dismissed because it was filed despite the fact that police and prosecutors lacked jurisdiction to prosecute you. Texas prosecutors are increasingly aggressive in sweeping up out of state defendants and charging them with promoting child pornography. Texas courts have not definitively ruled on whether this sweep is lawful. If you are in this position, you need an experienced criminal defense lawyer who understands this important provision of law and who will raise it in court.
Mark White has experience defending sex and pornography cases and obtaining favorable outcomes for his clients despite these special rules.
