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 element in these types of sex crime cases is that the defendant possessed, distributed, produced, or sold “obscene matter” that involved a minor child engaging in sexual conduct. If this element is missing, the defendant cannot be convicted of child pornography.

According to Texas law, obscene material either shows or describes sexual conduct in an obvious and offensive way. Next, a reasonable person would believe that the material lacks serious artistic, literary, political, or scientific value. Lastly, a reasonable person would conclude that it appeals to a prurient—a morbid, degrading and unhealthy interest in sex—interest.

In a sense, this means that not all representations of minors involved in sexual conduct will be deemed child pornography. For instance, if a film about a relationship involving young lovers contains explicit scenes where two teenage actors simulate sexual intercourse, the film could be considered to have substantial artistic value and not viewed as “obscene” despite the nature of the scene.

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.


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