Richardson CSAM Defense Lawyers

In a criminal case involving child pornography, officers may arrive at a person's front door with a search warrant, and they may carry away every phone, laptop, and hard drive in the house. Weeks or months may pass before charges are filed, and during that time, a person may have no idea what investigators believe they have found. Understanding the steps that can be taken to defend against child pornography charges or other child sex crimes is crucial in these situations, which is why a person will need to secure legal representation as soon as possible.

At Texas Defense Firm, we defend people in Richardson who are under investigation for or who have been charged with offenses involving child sexual abuse material (CSAM). Our attorneys understand the technology that may play a role in these cases and the laws that address CSAM. We will provide discreet, honest guidance while working to build strong defense strategies. Our focus will be on protecting our client's rights from their first contact with law enforcement through the final resolution of their case.

What Counts as CSAM

CSAM is the term that is most commonly used by law enforcement to describe child pornography. Visual materials depicting children younger than 18 as they are engaging in sexual conduct are considered to be CSAM. Materials that may fall within this category may include:

• Photographs and Videos: Images and recordings may be stored on a device, saved to a cloud account, or kept on a flash drive or memory card.
• Material Accessed Online: Accessing materials with the intent to view them is covered by the law. Files do not need to be downloaded or saved for child pornography charges to be filed.
• Altered Images of Real Children: Pictures that have been created by editing or modifying an image of an identifiable child are considered to be child pornography.
• Computer-Generated and AI Images: When computer programs are used to create sexually explicit material that appears to show a real child, these images can lead to CSAM charges. These may include photos that have been edited to make a child appear to be nude or videos created using AI that appear to depict a child engaging in sexual acts.

How Investigations Can Lead to CSAM Possession Charges

Investigations into child pornography offenses may involve several agencies. Local police may work with the state or federal task forces to identify online activity related to child pornography and track this activity down to a specific computer or home network.

Reports From Online Platforms

Companies that provide email, cloud storage, and social media services are required to report any activities involving CSAM to law enforcement. Officers may then take steps to connect the activity to a specific account, IP address, or location. Some investigations may begin months after the files were originally accessed, downloaded, or shared.

File-Sharing Investigations

Officers may also monitor networks where people have been known to share child pornography. They may take steps to identify internet connections associated with files that have been downloaded or uploaded. When they learn whose account a connection belongs to, they may perform further investigations or take steps to search a person's home and devices.

Tips Related to Child Pornography

Reports may be made to law enforcement by family members, roommates, or computer repair technicians. Officers may search a person's phone or other devices when investigating an unrelated crime, and they may come across CSAM images. This may lead them to file criminal charges or take steps to gather more evidence to support a criminal case.

Search Warrants

After investigators identify an account that has allegedly been involved in CSAM or determine that files were uploaded or downloaded from a specific internet address, they may obtain a search warrant. This will allow them to search a person's home and seize all electronic devices. Files found on these devices may serve as the basis for CSAM charges.

CSAM Possession Penalties

Possession of child pornography is generally considered to be a third-degree felony when fewer than 10 images are involved. If a person allegedly possessed between 10 and 49 images, they may be charged with a second-degree felony. In cases involving more than 50 images, first-degree felony charges may apply.

More Serious Charges for Distributing CSAM

Child pornography distribution is also known as promotion of CSAM. This offense may involve selling, giving, transmitting, or publishing CSAM. Possessing child pornography with intent to promote or distribute it can be treated the same as actually transferring files to someone else.

In general, promotion of child pornography is a second-degree felony. First-degree felony charges may apply when a case involves at least 10 images. The minimum sentence for an offense may increase in cases involving 50 or more images.

Charges for Creating Child Pornography

The most severe penalties for child pornography offenses will typically apply to people who have been accused of producing CSAM. This is known as sexual performance by a child, and a person may be accused of inducing or authorizing a child to engage in sexual conduct or directly photographing or filming children in sexual situations. Charges related to CSAM production are usually charged as second-degree felonies, but first-degree felony charges may apply in cases involving children younger than 14 years old.

Contact Our Richardson, TX Child Pornography Attorneys

CSAM offenses may be punished more harshly than ever, which is why legal help from a skilled attorney can be crucial for anyone who has been accused of possessing, distributing, or producing child pornography. At Texas Defense Firm, we can provide the representation clients need in these cases, helping them resolve charges while avoiding convictions whenever possible. Contact our Richardson, Texas CSAM defense lawyers at 972-369-0577 for a free, confidential consultation.