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Irving Man Charged After Police Find Child Exploitation Material in Cell Phone

Franklin Cervantes

Irving, Texas - An investigation into a cyber tip has led to the arrest of a 34-year-old Irving resident for the possession of child pornography. Franklin Cervantes was taken into custody on December 8, 2025, after a search of his mobile device uncovered illegal content.

The Investigation and Search

The Irving Police Department (IPD) Vice Unit initiated the case after receiving a cyber tip, a formal report often generated by the National Center for Missing and Exploited Children (NCMEC), detailing that child pornography was being uploaded to the internet from a residence in the 2600 block of W. Newton Circle.

On December 8, investigators executed a search warrant at the home. For safety reasons, officers conducted a traffic stop on Cervantes a short distance from the residence. According to investigators, Cervantes cooperated with the police and provided the password to his Samsung Galaxy S23.

Digital Forensic Findings

During a search of the device's "Gallery" application, investigators located a subfolder labeled "recently deleted." Inside, they found a video depicting children and adults engaged in sexual acts.

When confronted with the evidence, Cervantes claimed he was unaware a child was featured in the video. However, based on the findings of the investigation, he was arrested and charged with Possession of Child Pornography (More than 50 images or videos).

Legal Context: Texas Penal Code § 43.26

In Texas, the possession of child pornography is a serious felony. The severity of the charge increases based on the volume of material found:

  • Third-Degree Felony: Possession of fewer than 50 images or videos.

  • Second-Degree Felony: Possession of 50 or more images or videos.

Because Cervantes is charged with possessing more than 50 items, he faces a second-degree felony, which carries a potential sentence of 2 to 20 years in a Texas Department of Criminal Justice (TDCJ) facility and a fine of up to $10,000. Additionally, those convicted of these offenses are typically required to register as sex offenders for life.

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