What is Obscene Matter in a Child Pornography Case?
Whether it is a child pornography possession charge or a sexual performance by child charge, one of the most important factors is the "obscene matter." If this element is missing, the defendant cannot be convicted of child pornography.
According to Texas law, obscene material either depicts sexual acts in an obvious and offensive way. Next, any person would believe that the material lacks any value besides sexual gratification.
However, not all representations of minors involved in sexual conduct will be deemed child pornography. For instance, if two teenaged actors engaged in acting out a sexual intercourse scene, this is not considered child pornography.
If you have been charged with child pornography possession or sexual performance by a minor in Texas, our Fort Worth criminal defense attorneys at The Clark Law Firm is dedicated to protecting your rights and future. Not only are you face extensive prison sentences and costly fines, but also registration as a sex offender for a long time—perhaps for the rest of your life.
Contact us and request a free consultation today.