Man faces child pornography charges after enrolling in elementary school

Two men face charges for child pornography after one pretended to be the other's father and enrolled him in an elementary school in Texas.

According to the New York Daily News, a 17-year-old faces charges for pornography after he was enrolled in a Texas elementary school by a man who pretended to be his father. The man posing as the teenager's father also faces penalties for possession with intent to promote child pornography, tampering with government records and the sale of harmful materials.

Law enforcement officials claim that the man possibly lured the teenager, who was living in Mexico, to come to the U.S. by using social media in March of this year. After the teenager came to the U.S., the man forged paperwork to enroll the teenager in the elementary school, which he attended for a period of over three months. After raiding the home that the teenager and the man shared, law enforcement officials seized a large amount of evidence of child exploitation and child pornography.

child pornography penalties in texas

In Texas, the penalties for producing or possessing child pornography are severe. According to the Texas State Legislature, a person who views or possesses child pornography may be charged with a third degree felony. This may include visiting child porn sites, viewing online child porn, having physical pictures or film in his or her possession or downloading pictures. Additionally, any person who attempts to promote child pornography by sharing photographs online, exchanging photographs with another person or engaging in another form of promotional activity may be charged with a second degree felony.

The Texas State Legislature states that any person charged with a second degree felony may be required to serve between two and 20 years of prison time and pay a fine that does not exceed $10,000. In comparison, a person charged with a third degree felony may have to spend between two and 10 years in prison and pay a fine of no more than $10,000.

first amendment rights do not apply

Possessing or promoting child pornography is also considered a crime on the federal level. According to the U.S. Department of Justice, pornographic images of children are not protected under the First Amendment and are considered illegal contraband. Additionally, in child pornography cases, the age of given consent in the state does not apply. As a result, any image sexually depicting a child under the age of 18 is illegal.

contact an attorney

Charges for child pornography in Texas are serious and have the potential to harm a person's employment prospects, ability to attain opportunities for secondary education and reputation within his or her community. If you are facing charges for possessing or promoting child pornography, speak with an attorney to find out what your legal rights are.