Any visual depiction of actual or simulated sexual conduct by an individual under the age of 18 or lascivious exhibition of the pubic area of such an individual. Federal and state laws make it a crime to produce, possess, distribute or sell pornographic materials that exploit or portray a minor.
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ACTUAL CASE RESULTS
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Defense Considerations
Increasingly, child pornography laws are being used to punish the use of computer technology and the Internet to obtain, share and distribute pornographic material involving minors under the age of 18, including films and images. Courts have held that such material my be banned even if it is not legally obscene and does not involve nudity.
Child pornography is a crime that one can commit or be charged with committing even without one's knowledge. The mere presence of pornographic images on a computer, even if it was downloaded without your knowledge, can implicate you in these crimes.
We have defended clients who have viewed images of people thought to be over 18. We have also seen instances when people have received pornographic emails and deleted them, but the images still remain in the computer's hard drive and implicate the individual.
An additional consideration is that pornography charges, particular when involving the Internet, are often prosecuted at the federal level. Federal criminal defense is significantly different from state defense and requires different strategies and considerations. It is important to understand whether potential charges are being filed by the state, the federal government or both.
The charge of child pornography carries considerable social stigma. Prosecutors are under considerable pressure from the public to pursue charges of crimes against children and are highly motivated to seek convictions for these charges. The social stigma associated with harming children can lower the threshold of proof in the minds of jurors.
The complexity of computer technology can affect child pornography cases and must be considered in their defense. It is important that, when computers are involved, your defense team possesses sufficient expertise in cybercrimes defense.
If you are facing potential child pornography charges, it is critical that you use a legal defense team with specific experience and expertise dealing with crimes against children. Call us at any time at (800) 459-2500 for a free, confidential initial consultation. Early intervention is critical to obtaining the best results.
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