If you are accused of possessing or distributing child pornography, you will face severe penalties, such as going to jail and having to register as a sex offender. Because most of these crimes involve images and videos that are obtained online, it can be easy for somebody to click on a link and end up being wrongly accused of trying to access or possess child pornography. However, if you have been arrested for child pornography crimes, there are legal defenses that your attorney can use to fight the charges against you.
Any depiction of minors engaged in sexually explicit conduct can be considered a form of child pornography. If you are found to have pictures, videos, or computer-generated content of minors performing sexual acts, you can be arrested by law enforcement and charged for possession of child pornography. Altering or creating pornographic images or videos of children can also result in criminal charges.
Images made for artistic, political, literary, or scientific purposes do not meet the criteria of child pornography.
Prosecutors must prove that you knowingly possessed, distributed, or received the child pornography in question. This means they must prove you had a specific level of knowledge and awareness about the crime you are accused of committing.
The most common legal defense used in child pornography cases is arguing that the defendant did not know about or accidently downloaded the illegal content. Many adults looking for legal pornography online stumble across child pornography from redirected links or files that have been added to their computers from downloads.
Arguing that child pornography wasn’t accessed by the defendant because multiple people use or have access to their computer is another common defense strategy. Another strategy that is used for child pornography cases is to challenge the procedure used to make the arrest. From challenging the arrest warrant to questioning the way the evidence against you was handled by law enforcement, there are many approaches that can be taken to prove that police failed to follow the proper procedure.
Speak to a Criminal Defense Lawyer
At L. Patrick Mulligan & Associates, LLC, we have the resources and skill that you need to assert your rights and defend your reputation. Our lawyers will review your case and determine a strong legal strategy that will protect your interests and freedom. We are here to answer your questions and guide you through the legal process.Contact our Dayton criminal defense attorneys to schedule your free consultation. We can assist you 24 hours a day, 7 days a week.