Possession of Pornography

In movies and TV shows, accusations involving pornography are often simplified into good guys and bad guys. Real life is never that simple. A simple exchange on social media, a shared folder you did not realize was public, or a device you loaned to someone else can turn into a nightmare that looks more like a scandalous headline than your life. One knock at the door from law enforcement, a seized phone or laptop, and suddenly the world treats you like criminal. 

Every day, innocent or unaware people are charged with Possession of Pornography in Texas. If that’s you or a loved one, it’s understandable to feel scared, embarrassed, and unsure of what to do next. You may also be wondering how a private moment on a computer screen became a criminal investigation that threatens your job, your family, and your reputation. 

Montgomery County criminal defense attorney Andrea M. Kolski understands how fast things can spiral out of control when someone is charged with Possession of Pornography. For more than 25 years, she has stood between the accused and the full weight of the Texas criminal justice system. Clients and other defense lawyers refer to Andrea as a “pitbull in the courtroom” because she never backs down, doesn’t accept the prosecution’s story at face value, and fights relentlessly for her clients. 

Possession of Pornography is a sensitive subject that most people find uncomfortable to discuss.  Regardless, it’s a very real part of life in today’s digital world and people need to understand Texas pornography law before they find themselves in hot water. Knowledge is power, so read on to learn more about Possession of Pornography laws in Texas.  

Possession of Pornography in Texas: Clearing Up The Confusion 

Most adults know that child pornography is illegal. What many people fail to realize is how broad, technical, and confusing the laws can be and how certain groups, especially teens, are at risk without realizing it.  Everyday people are often shocked to learn that: 

• Not everything that seems “pornographic” is necessarily illegal. 
• Some content that looks “legal” at first glance can be a serious felony under Texas law. 
• You can be accused based on material you never intentionally downloaded or even looked at. 

Texas law focuses heavily on child sexual exploitation. The core child pornography statute is Texas Penal Code § 43.26, “Possession or Promotion of Child Pornography.” There are related provisions dealing with sexual performance by a child and other sexually explicit material involving minors. 

At the same time, explicit material involving consenting adults is generally legal for adults to possess under Texas law, even if many people might find it offensive or morally wrong. That line between legal and illegal is where people get into trouble. 

What Texas Law Says About Possession of Child Pornography 

The intent of Texas law is to protect children.  That’s an admirable goal that almost everyone supports.  However, good intentions can turn problematic when details of the laws are misunderstood, misinterpreted, or vague when it comes to applying them in everyday life.  When a law falls short of exact language, innocent people can suffer.  For example, under Texas Penal Code § 43.26, it can be a crime to: 

• Knowingly or intentionally possess visual material that depicts a child younger than 18 engaging in sexual conduct. 
• Promote, distribute, or share that kind of material. 
• Access such material with the intent to view it. 

Sounds like a perfectly reasonable law, however, a closer look reveals some of the issues lawmakers often overlook.  For instance, how can someone confirm the person in an image or video is over 18 years of age?  How can one verify an ID online? What about AI generated imagery?  How can someone prove or disprove the “age” of a completely AI generated image that doesn’t exist in real life?  

Meanwhile, Texas law attempts to address situations where the person shown in an image is not actually a child but is made to appear to be under 18, or where the realistic appearance would lead a reasonable person to think the person is a minor. This may include altered images, videos, or certain kinds of digital content. 

Related laws include: 

• Texas Penal Code § 43.25, Sexual Performance by a Child 
• Texas Penal Code § 43.261, Electronic Transmission of Certain Visual Material Depicting Minors 

One can see the complexity of these provisions and how they tend to raise more questions than they answer.  For law enforcement and the accused, the devil is in the details. Age, apparent age, the nature of the conduct shown, and even the technology used are all pieces of the puzzle that prosecutors use in court to make their case.  Building a defense strategy is no easy task and usually takes an experienced defense attorney with exceptional skill and determination to get a desired outcome. 

Potential Punishments for Possession of Child Pornography in Texas 

Possession or promotion of child pornography in Texas is treated very seriously. Depending on the facts, a conviction can lead to: 

• Felony charges, often a third-degree felony or higher 
• Possible prison time, which can increase if there are multiple images or videos or if there are prior convictions 
• Heavy fines 
• Mandatory sex offender registration in many cases 
• Probation terms that restrict your movement, internet use, and employment 

The social consequences of a conviction can be devastating. Accusations alone can cost you your job, strain or destroy family relationships, and permanently damage your reputation. 

This is why you cannot afford to face these charges alone, assume the case is hopeless, or rely on advice from friends or even ChatGPT.  

Defining What Is and Is Not Illegal 

Few people understand where the legal line is drawn when it comes to pornography in Texas. Here are a few hypothetical examples that highlight the gaps in understanding. 

Scenario 1 
A college student downloads a large bundle of adult videos from a file sharing site labeled “18+ only.” Buried in that giant folder are a few illegal images involving minors that the student never opens and does not even know are there. When law enforcement executes a search warrant on the student’s apartment for an unrelated reason, they forensically search the laptop and discover the hidden files. 

Scenario 2 
A young professional regularly browses adult websites and cam sites with models who are labeled as over 18. Some of the performers look very young. Months later, police show up claiming that the site is under investigation for hosting child pornography and that they believe some of the content on his device includes minors. 

Scenario 3 
A parent lets a teenage relative borrow a tablet. The teen visits chat sites, trades images with friends, and stores them in hidden folders. Later, an investigation points back to the tablet’s owner, who had no idea what was on it. 

These are just a few common situations.  Few people would consider the accused in these situations “sexual predators”, but the stigma can destroy a reputation and lead to serious charges.  

How Innocent People Get In Trouble 

In a world of highspeed internet, cloud storage, ChatGPT, and automatic downloads, more and more innocent people wind up in trouble they never imagined. 

While Texas law tends to focus on what you knew and what you intended, it’s difficult to defend against accusations of “intent” and prove your innocence. Distinguishing between an intentional crime and an accident, mistake, or thirdparty misuse requires strong legal skills and extensive experience in this area of the law. That is where the skill and experience of your attorney become critical. 

A Lawyer To Trust When Everything Is On The Line 

When you are accused of Possession of Pornography in Montgomery County, you are fighting more than a legal battle. You are fighting shame, fear, and public judgment. You deserve a lawyer who sees you as a human being, not as just another case or a file number. 

Andrea M. Kolski has spent more than 25 years in Texas criminal courts. She has handled thousands of cases, including serious felony charges, and has earned the deep respect of judges, prosecutors, and fellow defense attorneys. Her clients and peers refer to her as a “pitbull in the courtroom” because of her relentless crossexamination, her refusal to roll over to pressure, and her willingness to take difficult cases to trial when that is in the client’s best interest. 

Her experience includes: 

• Former prosecutorial experience, which gives her insight into how the state builds and tries to prove these cases. 
• Years of defending clients accused of sexrelated and internetbased offenses in Montgomery County and surrounding areas. 
• Strong working relationships within the local legal community that help her navigate the system efficiently and strategically. 

Most importantly, Andrea understands that being accused does not make you guilty. As a staunch advocate of your Constitutional rights, Andrea approaches each case with compassion and an open mind. She listens to your side, investigates, examines the evidence, and builds a defense tailored to your specific situation. 

Defending Possession of Pornography Cases 

No two cases are the same, and Andrea’s approach is always individualized. However, it’s helpful to understand some of the more common defenses used in Possession of Pornography cases and what steps might be taken to build such a case.  Some of these steps may include: 

• Carefully reviewing how law enforcement obtained the evidence and whether the search or seizure of your devices was legal. 
• Working with trusted forensic experts to analyze the digital evidence, including whether files were intentionally accessed, how they arrived on the device, and who actually used the device. 
• Challenging the state’s claims about what the images or videos depict, including the age of any person shown and whether the material meets the legal definitions required for a conviction. 
• Identifying and raising reasonable doubt about knowledge, control, and intent. 
• Negotiating with prosecutors from a position of strength, backed by a clear understanding of the weaknesses in the state’s case. 
• Preparing for trial when appropriate and presenting your case in a way that humanizes you to the judge or jury. 

An experienced attorney will keep you informed and involved as they strategize the best defense.  With over 25 years of practice, Andrea Kolski and her team understand how a Possession of Pornography case can impact your life.  Along the way, Andrea works with you to minimize the strain a case can have on your employment, family, and future opportunities.  

An Experienced Fighter On Your Side 

Winning doesn’t come easy in Texas courts.  It takes a seasoned, tested fighter to bring home a victory.  This is especially true for anyone facing Possession of Pornography charges in Montgomery County.  With more than 25 years in Texas criminal law, Andrea M. Kolski brings a rare combination of courtroom toughness, deep legal knowledge, and genuine empathy for her clients. No one knows Montgomery County courts better than Andrea.  As a former prosecutor, understands how local prosecutors build their cases, what weaknesses to look for, and how to construct the best possible defense on your behalf. 

It’s perfectly normal to feel worried, scared, or overwhelmed when facing Possession of Pornography charges.  But there is hope.  Andrea Kolski and the team at Nontstopjustice PLLC have helped countless people just like you in their time of need.   

Don’t wait.  Contact our office today for a confidential case evaluation.