Penal Code · §43.26
Possession of Child Pornography
Elements
- A person
- Knowingly or intentionally
- Possesses, or knowingly or intentionally accesses with intent to view
- Visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under §20A.02 (trafficking)
- (Knows that the material depicts the child as described)
Penalty
Third-degree felony base — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Second-degree felony if defendant has been previously convicted under §43.26 (or possesses 6+ items, depending on amendments) — 2 to 20 years + up to $10,000 fine (§12.33). Promotion of child pornography (§43.26(e)) is a Second-degree felony.
Enhancements
Sex offender registration required. Each item of visual material may be charged as a separate offense. Federal charges under 18 U.S.C. §2252 may apply concurrently.