Legal Question in Criminal Law in Texas

Well, you could try to argue it isn't your fault to a jury, but that probably won't get you very far. You might get away with it if it is a very limited number of files but that is rarely the case. The last client I had who said he just downloaded lots of porn and there was some child porn mixed in that he would delete would up getting charged with about 7500 images which the forensics guys were able to recover from his hard drive.

So whether you are at fault or not will be a fact question for the jury to decide, but from my experience, the more images/files that are involved, the weaker your argument becomes.

Whether you knowingly and intentionally possessed the child pornography are important factors in a potential defense. A forensic computer specialist can help your attorney show lack of knowledge / intent by revealing the path the images took to and through your computer, where they reside on your computer, how long they were in various locations, etc. to demonstrate incidental or accidental downloading and very prompt deletion. Your attorney might also direct you to a forensic psychologist / psychiatrist for evaluation. The fact that you might have had a problem with pornography does not itself indicate a problem with child pornography (and could arguably) contraindicate the same.