Child Pornography Defense Lawyer in Midland, TX

Former Chief Felony Prosecutor. Aggressive Defense for Serious Charges.

A child pornography allegation in Texas is among the most serious felony charges a person can face. State charges can arise alongside a parallel federal investigation, particularly when online activity is involved. From the moment law enforcement makes contact, the decisions made in the first hours can shape everything that follows. Tommy W. Hull, PC represents individuals in Midland, Texas who are under investigation or facing charges under Texas Penal Code 43.26, applying the same presumption of innocence to each client regardless of the allegation.

If you or a family member is under investigation or has been charged, don’t speak to investigators or consent to a device search before consulting an attorney. Call Tommy W. Hull, PC now at (432) 223-0044 to schedule a free consultation.

Attorney Hull’s Background as a Former Chief Felony Prosecutor

Attorney Tommy Hull brings over 15 years of criminal defense experience to these cases, including his prior role as a chief felony prosecutor for the state of Texas. That background gives him direct insight into how prosecutors build and prove felony cases, which digital evidence they rely on, and where the weak points in an investigation are likely to appear. His approach is detail-oriented and aggressive, and clients receive individualized attention throughout the process. The firm’s mission is not only to defend the accused but to hold prosecutors accountable to their burden: proving guilt beyond a reasonable doubt.

What Texas Penal Code 43.26 Covers

Under Texas Penal Code 43.26, a person commits an offense by intentionally or knowingly possessing visual material that depicts a child younger than 18 engaged in sexual conduct, provided the person knows or should have known the material involves a child. Simply accessing the material with intent to view it, even without downloading or saving a file, may be enough to satisfy the possession element under Texas law.

Possession vs. Promotion

Promotion includes manufacturing, distributing, selling, sharing, or possessing the material with intent to do any of these things. It carries higher penalties than simple possession and can draw separate counts for each act of distribution.

AI-Generated & Computer-Generated Depictions

As of September 1, 2025, Texas law was amended to cover computer-generated or AI-generated images that are virtually indistinguishable from a real child, closing a prior gap that applied only to depictions of actual children. Under the amended law, there is a rebuttable presumption that any depiction is of a real child rather than a computer-generated one, which can materially affect how these cases are litigated and places a meaningful burden on the defense.

Penalty Exposure & Collateral Consequences

The degree of the felony charge and the sentencing range depend on the quantity of depictions and the specific conduct alleged:

• Fewer than 10 depictions (real child): Third-degree felony, 2 to 10 years and up to a $10,000 fine
• 10 to 49 depictions or a prior conviction: Can elevate the charge to a second-degree felony
• 50 or more depictions, or a depiction involving sexual assault of a child: Can result in a first-degree felony, punishable by 5 to 99 years or life
• Offenders employed at a child-care or residential treatment facility: Can face an enhanced first-degree felony charge with a 25-year minimum sentence
• AI-generated or computer-generated depictions: Generally penalized one degree lower than equivalent real-child depictions, starting as a state jail felony

Possession or promotion of child pornography has been classified as a 3G offense in Texas since September 1, 2023. That designation means a judge can’t grant straight probation unless a jury recommends it, and a convicted person must serve at least half of any sentence before becoming parole-eligible. The statute of limitations under Section 43.26 is seven years from the date of the offense. A conviction or deferred adjudication carries a lifetime sex offender registration requirement in most circumstances.

Where These Cases Are Prosecuted in Midland & Odessa

State-level child pornography charges arising in Midland County are handled in the Midland County District Courts, which have felony jurisdiction. Tommy W. Hull, PC regularly defends clients in Midland County and extends representation to Odessa in Ector County.

Federal charges are prosecuted in the U.S. District Court for the Western District of Texas, Midland-Odessa Division, which covers Midland, Ector, Martin, Andrews, Crane, and Upton counties. Federal jurisdiction typically attaches whenever the internet or another means of interstate commerce was involved, which applies in nearly every case involving online material. Texas and the federal government are separate sovereigns and can each prosecute the same underlying conduct, though prosecutors commonly coordinate to select a single forum.

Start with a Free Consultation

Before speaking to investigators or consenting to a search of any device, speak with an attorney. Attempting to delete files can result in additional charges on top of the underlying allegation. At Tommy W. Hull, PC, representation begins with a free consultation so Attorney Hull can assess the situation and explain what options may be available.

Time matters in a child pornography investigation. Contact Tommy W. Hull, PC now at (432) 223-0044 to schedule a confidential, no-cost consultation.