Child pornography is viewed as one of the worst crimes in the United States. It is particularly heinous due to its nature and with children as the victims and carries a zero tolerance policy. The creation of child pornography, possessing it and distributing it are all charged as a sex crime that can be prosecuted under both state and federal law.
A person who finds themselves charged with child pornography should not take it lightly. These are very serious charges that carry severe consequences that can last throughout the rest of a person’s life. A person who is convicted of child pornography is required by law to register as a sex offender for the rest of their life, which can greatly impact a number of areas of their life, including the ability to get certain jobs and where they may be allowed to live. As a result, it is imperative that anyone who is facing these charges get in touch with an experienced criminal defense attorney immediately.
What Constitutes Child Pornography?
Child pornography includes anything that shows children or anyone who is under the age of 18 engaging in any type of sexual activity. It can include images, videos or anything else that includes children in such acts. Even if an image or video has been modified to appear that children are engaged in a sex act, it can be considered child pornography. In addition, even if the content shows children simulating sexual activity and not the actual act, it can still be charged as child pornography.
There are certain exceptions, however. For example, if an anatomy book shows a picture of a nude child and explains the child’s anatomy, it would not be considered child pornography because it exists for a scientific purpose.
How Can a Person Be Charged with Child Pornography?
In order for a person to be charged with a child pornography crime, they must knowingly possess, distribute or receive the content. A person is required to have some degree of knowledge in order to be charged. In other words, if a person merely discovers child pornography by accident, it isn’t enough to convict them of the crime.
It can be challenging for investigators to determine how a person encountered child pornography on their computer and whether they accidentally accessed it. In cases where there are hundreds of downloaded images or videos depicting children in sexual acts, it can be easy to determine that the person is guilty of committing a crime. However, in some cases, it can be difficult.
Possible Defenses to Child Pornography Charges
There are certain defenses a criminal defense attorney can use in a child pornography case. One of the most basic is to argue that the individual didn’t know that they were downloading such content or that they received or possessed child pornography by accident. For instance, a person might have been downloading adult pornographic material, which is legal, and may have accidentally stumbled across the child pornography.
Another possible defense to child pornography charges is for the defense attorney to argue that the defendant did not download the content in spite of it being on their computer. It’s possible to argue that others had access to the computer and that one of them downloaded the material.
Additionally, the defense can argue that law enforcement officers did not have a warrant to legally search the individual’s property. This would render the findings inadmissible in court.
Penalties and Sentences for Child Pornography
Child pornography is a crime that can be prosecuted in both state and federal courts. They carry severe penalties and a first time offender who is convicted can receive 15 to 20 years in prison. Additionally, the individual would be required to be supervised in a sex offender release program after that time. The person would also be required to register as a sex offender for life.
Because child pornography charges are always very serious, a person who is arrested and charged with the crime must contact a defense attorney at their earliest convenience. The lawyer can begin building a strong defense against the charges in time for their court date.
Within the United States, there is a zero tolerance for child pornography. Children are seen by the law as innocents that need to be protected from pornography because many of them are far too young to understand what pornography is. An adult having charges against them relating to child pornography should not take these charges lightly. The reason is that many of these individuals who are convicted will have to register on a sex offenders list fir the rest of their lives, which could impact where they are able to live and work. If you are being charged with child pornography or would like to have an individual charged with child pornography, then it is highly recommended to reach out to our criminal law office today. Doing so, will be a great benefit to the outcome of your case.
Who is Guilty of Child Pornography?
Each state has different laws relating to child pornography; however, there is a uniform consensus among the states within the United States that child pornography is neither condoned nor accepted. Article 263 of the New York Penal Code strictly prohibits offenses that relate to a sexual performance by a child. Such performances include the promotion, distribution, production, and possession of any sexual content involving a child that is less than sixteen or seventeen years old. Another element that must be satisfied if the party is to be found guilty of child pornography is that the individual has to be guilty of knowing that the character and content of the performance is sexual and still consents to the child’s participation in the performance.
Those who are found guilty of child pornography can face a wide array of punishments.. For example, merely having possession of child pornography can cause a prison sentence of up to three or four years. An individual who uses a controlled substance to induce a child to perform a sexual performance can face between three and twenty-five years of prison. Any offense related to child pornography is subject to a fine that is either greater than $5,000 or double the individual’s gain from the very commission of recording the performance.
Given the complexity of the charges relating to child pornography, it is essential to understand that there are several potential defenses. If one can prove that they honestly believed that the child was over the age of sixteen or seventeen, there is a potential defense. Additionally, if one can prove that their distribution of the performance was only in the interest of their manager’s direction of their employment rather than of promoting the child’s sexual performance.
The Benefits of Retaining an Attorney
Child pornography is a serious charge that you do not want on your record. It is for this reason that the instant you believe that you may be charged with child pornography, it is imperative that you retain an attorney. Thus, be sure to reach out to one of our skilled criminal lawyers by scheduling a consultation appointment. At this consultation appointment, our attorney will be able to discuss with you the details of your case and potential defenses available to you. Thus, do not hesitate to reach out to us today. We would be elated to assist you in your upcoming case related to child pornography and ultimately, improve the potential outcome of your case.
There are several consequences for people who’re convicted of child porn. If you’re convicted of possessing child porn, you could spend four years in jail. If you’re convicted of helping to create child pornography, you could end up spending 25 years in prison.
When facing any of these charges, you absolutely need help from an experienced lawyer in NYC/Long Island. The legal consequences of being convicted of child porn are very serious, but there are also many social consequences.
If you’re convicted of such a crime, there is a good chance that you family and friends will no longer contact you. It’s likely that you will lose your current job, and you’ll be required to register as a sex offender, which can ruin your whole life. However, we can do everything possible to protect you. We can work with you and build a solid defense that will help to block a conviction.
We’re seasoned professionals and have plenty of experience dealing with cases involving child pornography and sexual assault. We understand what you’re going through, and we would like the chance to help you beat the charges. For a free consultation, please give us a call.
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