Child Pornography Attorney in Midland, TX

Local Court Knowledge. Federal Licensure. Direct Attorney Representation.

Child pornography charges carry consequences that extend far beyond prison time. Whether the investigation was initiated by local law enforcement or a federal agency, what happens in the next few days matters. I’m Aaron Eckman, and I represent clients facing these charges in Midland County courts and in the U.S. District Court for the Western District of Texas. That federal licensure isn’t incidental. These cases are frequently prosecuted federally, and I’ve held that license from the start of my practice.

Attorney-client privilege applies from the moment you contact Eckman Law Firm, PLLC. Every conversation is confidential.

If you’re facing child pornography charges in Midland or believe you’re under investigation, call Eckman Law Firm, PLLC now at (432) 223-9427. The earlier I get involved, the more options may be available.

What Texas & Federal Law Say About Child Pornography

These charges can be filed at the state level, the federal level, or both simultaneously. Which statute applies to your situation shapes everything about the defense.

Texas Penal Code Section 43.26 prohibits knowingly possessing or promoting visual material depicting a child under 18 engaged in sexual conduct. Possession is generally a third-degree felony. Promotion is generally a second-degree felony, though the penalty can increase based on the number of depictions, the age of the child depicted, and prior convictions, up to a first-degree felony in aggravated circumstances. Under Texas law, possessing six or more identical depictions creates a presumption of intent to promote, which elevates the charge.

Texas Penal Code Section 43.25 covers sexual performance by a child, meaning employing, authorizing, or inducing a minor to engage in sexual conduct. The base offense is a second-degree felony, elevated to a first-degree felony if the victim is younger than 14. The statute also covers producing, directing, or promoting a sexual performance by a child, a third-degree felony elevated to a second-degree felony if the victim is under 14. In total, these offenses range from third-degree to first-degree felonies depending on the conduct and the child’s age.

Federal Charges Under 18 U.S.C. Chapter 110 apply when the alleged conduct involves the internet, electronic transmission across state lines, or federal investigative agencies such as the FBI or Homeland Security Investigations. Federal prosecution is common even when the investigation starts locally. Penalties can be severe, including potential life sentences, and federal sentences are served without the possibility of parole.

Any conviction under these statutes also triggers mandatory sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure, a lifetime obligation with sweeping effects on where you can live, work, and travel.

Why Clients in Midland Choose Eckman Law Firm, PLLC

Before entering private practice, I clerked for a U.S. Magistrate Judge in the Western District of Texas for two years. That experience gave me a working understanding of how federal cases move, how federal judges think, and how prosecutors in that district build their cases. For child pornography charges, where federal prosecution is a real possibility, that background is directly relevant.

Before that, I served as an Assistant Criminal District Attorney for Bexar County. I know how prosecutors evaluate evidence, what makes a case strong or weak from their perspective, and where the pressure points are in a negotiation.

Federal Court Credentials

I’m licensed in the Western District of Texas, the Northern District of Texas, the Southern District of Texas, and the U.S. Court of Appeals for the Fifth Circuit. Victoria Eckman is also licensed in the Western and Northern Districts of Texas. Our firm has represented hundreds of clients in serious federal cases, including charges carrying potential life sentences. In one prior case, a client facing a first-degree Aggravated Sexual Assault of a Minor under 14 had the case No Billed by the Grand Jury. Past outcomes don’t predict future results.

Local Midland County Knowledge

I have direct familiarity with the Midland County District Attorney’s Office and the Midland County Courthouse. Sex crime cases in Midland County have been part of my practice, and that local knowledge shapes how I approach both state-level negotiations and trial preparation.

Throughout your case, you work directly with your attorney. When the facts warrant it, I retain a private investigator to dig into the evidence independently.

How I Build a Defense for Child Pornography Cases

No two of these cases are identical. The defense I build depends on how the investigation began, how evidence was gathered, and the specific facts of your situation.

Fourth Amendment Challenges: Computers, phones, and other devices are protected against unreasonable search and seizure. Evidence gathered without a valid warrant, through an overbroad search, or outside the warrant’s scope may be suppressible. I review every step of how digital evidence was collected.

Affirmative Defenses Under Texas Law: Texas Penal Code section 43.26 recognizes affirmative defenses, including that the defendant was no more than two years older than the child depicted or that the alleged conduct served a bona fide educational, medical, psychological, psychiatric, judicial, or law enforcement purpose.

Knowledge and Intentionality: These statutes require knowing possession. Accidental access, cached files a user never intentionally opened, or material accessed without the user’s awareness are factual issues that go directly to the intentionality element of the charge.

Device Access and Third-Party Responsibility: When multiple people had access to a device or shared network, who actually possessed the material becomes a genuine factual dispute. I investigate those circumstances directly.

Age of Depicted Individuals: Whether the person depicted was actually a minor is a factual element the government must prove. Forensic analysis of the material can be relevant to that question.

Investigations often begin through law enforcement sting operations, peer-to-peer network monitoring, or tips routed through the National Center for Missing and Exploited Children’s CyberTipline. Federal cases frequently involve coordination among the FBI, Homeland Security Investigations, and the Internet Crimes Against Children Task Force. Understanding exactly how evidence was gathered is where defense planning starts.

What the Process Looks Like in Midland County & Federal Court

Many people don’t realize an investigation has started until law enforcement contacts them or executes a search warrant. That period before formal charges are filed is often when the most consequential decisions get made. Agreeing to speak with investigators without an attorney present can severely limit your options later. Your right to counsel applies before any custodial interrogation.

If you’re arrested in Midland, you’ll typically be processed at the Midland County Central Detention Center, with an initial court appearance at the Midland County Courthouse where bail is set. If charges are filed at the state level, the Midland County District Attorney’s Office handles prosecution. If the case moves to federal court, it proceeds in U.S. District Court for the Western District of Texas, typically through grand jury indictment rather than a prosecutor’s information. A case can start with a state search warrant and be adopted by federal authorities if the conduct triggers federal statutes.

The timelines, procedures, and stakes differ depending on which court handles your case. For this charge type, having a porn lawyer in Midland who practices in both state and federal court isn’t a secondary advantage. It’s fundamental.

Speak with a Child Pornography Lawyer in Midland Today

Every conversation with Eckman Law Firm, PLLC is protected by attorney-client privilege from the first contact. You can reach us by phone or through our online contact form. What you share stays within this office.

If you or someone you know is facing child pornography charges in Midland or anywhere in Midland County, don’t wait. Call Eckman Law Firm, PLLC at (432) 223-9427 to speak directly with a porn attorney in Midland who handles these cases in both state and federal court.