Frequently Asked Questions About Child Pornography Charges
If you are facing child pornography charges, you are likely feeling overwhelmed and unsure of what steps to take next. Navigating the criminal defense landscape can be complex, necessitating experienced criminal defense lawyers who can work to defend your rights and interests throughout the process. By understanding the answers to some frequently asked questions about child pornography charges, you can inform yourself about how to move forward.
FAQs
What Is Child Pornography?
The definition of child pornography is dependent on the jurisdiction of the crime. However, the definition generally includes any content that visually depicts a minor engaged in sexual acts or that displays them in a lewd manner. Child pornography can include images, drawings, videos, and photographs. It is illegal to produce, possess, access, or distribute such materials under state and federal law.
Are Child Pornography Charges Serious?
Yes, such charges are extremely serious and can have severe implications for the rest of your life. If convicted of a child pornography crime, you can face hefty fines, long durations of time in prison, and mandatory registration as a sex offender. Furthermore, you may have difficulty securing future employment and can face challenges within your personal life as well. Child pornography crimes carry harsh penalties on both the state and federal levels.
What Should I Do If I Am Accused of Possessing Child Pornography?
If you have been accused of possessing child pornography, it is important to stay calm and contact a child pornography attorney as soon as possible. Do not approach the individual who is accusing you of such crimes, as speaking with them could further implicate you. Secure all digital evidence that could be associated with the crime, and do not tamper with or attempt to delete anything. Be sure not to speak with law enforcement or investigators without a criminal defense lawyer present.
What Are the Legal Defenses Against Child Pornography Charges?
Defenses against child pornography charges are dependent on the nature of the situation and the severity of the charges. However, defenses that are commonly used include showing that there was a lack of intent to view, access, or/and distribute the material and proving that the material was downloaded without the defendant’s knowledge. Furthermore, the defense can argue the evidence was not obtained legally and, therefore, work to get this evidence suppressed.
Is It Illegal for Minors to Watch Child Porn?
Yes, across jurisdictions at the state and federal level, it is illegal to possess, distribute, or produce illicit material that features minors. It is, therefore, also illegal for minors to engage in this activity. Furthermore, if minors are watching adult pornography, this may also be illegal, as such consumption may be against the law for minors. Guardians and parents should exercise caution to protect their children from such content and remain in compliance with the law.
Is Searching for Child Pornography Illegal?
Yes, it is a criminal offense to search for child pornography. In most jurisdictions, it is illegal to even attempt to encounter or access elicit material featuring children. Government agencies and law enforcement invest serious capital in investigating crimes related to child pornography. Therefore, people who are caught searching for or consuming child pornography can face serious criminal penalties, including time in prison and registration as a sex offender.
Can I Be Charged for Accidentally Viewing Child Pornography?
Yes, it is possible to be charged for viewing child pornography on accident. However, in such cases, it is critical to prove intent to lead to a conviction. Therefore, if you accidentally encounter this material online, you should immediately report the situation to the relevant authorities and clear your device so that you do not access it again accidentally. Furthermore, you should consult with an experienced defense lawyer to avoid any negative consequences.
Can Police See Your Browsing History?
Yes, if law enforcement obtains a warrant they can see your browsing history, even if you believe that you have deleted it. If you are under investigation, a law enforcement agency can ask for a warrant from a judge to get access to your Internet browsing history. Internet Service Providers (ISPs) and other stakeholders may be prompted to comply with requests for your browsing information. In special cases, law enforcement may not need a warrant to access this information.
How Can a Computer Forensic Expert Help in My Defense?
A computer forensic expert can be pivotal in supporting your defense. They can check the work done by the prosecution’s computer forensic professionals to determine whether there are inconsistencies in their work and offer alternative explanations based on available data. Furthermore, they can ensure the prosecution’s evidence is authentic and has not been tampered with. They can also help recover critical additional evidence to support your case.
What If You Accidentally See Child Pornography?
If you accidentally see child pornography, it is critical to respond cautiously and thoroughly. Do not try to cover up the situation or fail to address the problem. Contact your local law enforcement agency immediately to report the illegal content. It is also advised to consult with an experienced child pornography defense lawyer, as they can ensure your rights and interests are protected. To prevent future accidental access, delete all history from your devices.
How Can You Protect Your Devices From Being Compromised?
To protect your devices from being compromised, which could potentially implicate you in serious online crimes, such as child pornography-related crimes, it is crucial to take adequate steps. You can enhance your cyber security by using antivirus software, enabling firewalls, regularly updating your software, using strong passwords, and being careful with suspicious emails and download links.
Secure Comprehensive Criminal Defense Against Your Child Pornography Charges
If you believe you are under investigation for child pornography or may have accidentally committed a child pornography-related crime, it is critical to consult with experienced legal counsel. A skilled and compassionate child pornography defense lawyer from our team can discuss your situation, helping you understand concrete steps you can take to protect yourself and your reputation. Contact us today to get critical legal advice.
