Child Pornography Possession, Distribution and Production Charges Defense
A person convicted of production or possession of child pornography may face harsh penalties including lengthy prison terms and having to register as a sex offender.
Child pornography videos and images are classified as illegal contraband and are therefore, not protected under First Amendment Rights. By definition child pornography is any visual depiction of sexually explicit conduct that involves anyone under 18 years of age. Such depictions include photos, videos and any form of digitally created or computer generated visual images. These include film and videotapes which have not yet been processed, but can be converted into images later.
Having possession of an image of a nude minor not engaged in any sexual activity may also result in illegal child pornography charges. It is illegal for parents or guardians to exploit their children and any other minors in their custody for the purposes of producing child pornography.
If you are charged with transporting child pornography across states lines or to another country, the case falls under Federal jurisdiction. In most cases, if the internet was used to display the images, it will be assumed that they were easily and readily available to be shared across state and foreign borders.
Our child pornography attorneys have various defenses they can use in these types of cases. With a computer that is used by several people, it is more difficult for the prosecution to prove which of them actually possessed the contraband. This defense works well when the defendant has no prior convictions for sexually related crimes.
If convicted of producing child pornography, a person may face 10 to 24 years in prison per count. A conviction for the transport of child pornography can result in 5 to 20 years in prison. If the defendant has a previous conviction or there are aggravated circumstances, they may face life in prison.
Accidentally stumbling onto explicit images while using the computer or unintentionally downloading a file that contains those images are two more defenses our attorneys have successfully used in defending against child pornography possession charges. It is considered an affirmative defense to child pornography charges if a person reports that they have received unsolicited images in a timely manner.
We serve the cities of Mesa, Phoenix, Tempe, Scottsdale, Chandler, Glendale, Peoria, Paradise Valley, and Fountain Hills in Arizona.