Child Pornography Defense in El Paso

State & Federal Defense Led by a Board-Certified Criminal Lawyer

Child pornography allegations can begin with an interview request, search warrant, device seizure, arrest, or indictment. The accusation may involve possession, receipt, distribution, transportation, production, or another alleged form of child exploitation. We assess the conduct, electronic evidence, charges, and court system involved.

Benjamin Law Firm handles state and federal criminal matters in El Paso, where internet investigations and seized devices can raise overlapping jurisdictional questions. We provide discreet guidance at each stage, from investigation through motions, negotiations, or trial.

Call (915) 320-6730 for a free consultation about an investigation, search, arrest, or charge.

How Texas & Federal Child Pornography Charges Differ

Texas Penal Code Section 43.26 addresses possession or promotion of child pornography and related conduct under state law. Federal statutes, including 18 U.S.C. Sections 2251, 2252, 2252A, and 2256, address production, receipt, distribution, possession, and relevant statutory definitions. Child sexual abuse material is now widely used as a more accurate term, although federal law continues to use child pornography for visual depictions of sexually explicit conduct involving minors.

Federal jurisdiction may arise from alleged internet use, electronic transfers, mail, interstate commerce, or materials that crossed state or international lines. Potential consequences depend on the charge, alleged conduct, prior record, files involved, aggravating facts, and whether the case proceeds under Texas or federal law.

How Digital Evidence Can Shape the Defense

Digital forensics involves collecting and examining data from devices, accounts, and networks. Investigators may rely on device images, file metadata, account records, IP information, cloud data, messages, download histories, or peer-to-peer activity. We examine whether that evidence reliably identifies a particular user and establishes knowing possession, access, or distribution.

Important electronic-evidence issues may include:

• Device access: Whether other people used a shared phone, computer, network, or storage account
• File activity: Whether downloads were knowing, automated, incomplete, cached, or caused by malware
• Account attribution: Whether records reliably connect an account or IP address to the accused
• Search authority: Whether investigators remained within the scope of a warrant
• Evidence integrity: Whether chain of custody and forensic methods support the prosecution’s conclusions

Board Certified Since 2012, Backed by More Than 2,000 Cases

Brock Morgan Benjamin has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2012. He served as an Assistant District Attorney in El Paso from 2006 through 2010. We have handled more than 2,000 criminal cases, with a success rate exceeding 90 percent. That record describes past cases and doesn’t predict the outcome of any future case.