Interviewer: What are the penalties for possession of child pornography?
Attorney Churak: Under the Federal system, it’s depending on how many pictures you have. It basically starts at around five to 6 years minimum sentence on up. I’ve seen 40-50 year sentences on child pornography in the Federal System.
In the State system, it’s a 2nd degree felony that carries anywhere from 2 to 20 years. If it’s a question about are you in possession or have you promoted the use of the material. Possession again carries a lot lighter sentence than promoting it.
Promoting under Texas law is saving it or putting to a favorite or saving the picture or making a copy of it or transferring it to another medium. Any of those actions are considered promoting it.
Many statutes were written before the Internet was created. Back in the old days, if you made a copy of it, it was a reason you made a copy, you wanted to show it to somebody.
Interviewer: Can you handle both federal and state cases?
Attorney Churak: Yes, I am licensed in Federal Court. I am allowed in the Western District of Texas and I am also licensed in all State Courts.