Defenses to Child Pornography Charges

 Posted on June 16, 2018 in Sex Crimes

Being convicted of child pornography possession can come with years -- even decades -- behind bars. If you have been charged or fear you may be charged with such a crime, you are likely interested in how you can defend yourself from these allegations.

The federal government must prove that you are guilty beyond a reasonable doubt. One way to present to a judge or jury that there is reasonable doubt of your guilt is to mount an effective legal defense with the assistance of a skilled attorney.

There are several common defenses that may be applicable to your case:

• Knowledge. A person convicted of child porn possession must know that the images are of children. Thus, if you present evidence that you did not know that the images were of children, you may be found not guilty. For example, if there are not many images or if they are labeled a certain way, you could argue this defense.
• Shared computer. If the images or videos were found on a shared computer, you may have a successful defense. If the material was found on a shared computer, it will be difficult to prove that you had control over the images. It could also be argued that someone else put the images on the computer to get you in trouble.
• Not child pornography. It may be the case that the images do not meet the definition of child porn. Under federal law, child pornography is any visual depiction of sexually explicit conduct involving someone under 18 years of age. It may be possible that you can prove the age of the subjects in the images.
• Illegal search. This defense concerns the actions police or investigators took. Under the Fourth Amendment, in most cases, the government cannot search your home unless it has a warrant or probable cause. It must have properly applied for a warrant, or it must have had enough evidence that you may have committed a crime before searching your computer.

Even if none of these defenses apply to your case, there are many other available. This is why it is critical to retain a lawyer who will present your best arguments in court.

Contact a Chicago, IL Child Pornography Charges Attorney

If you are concerned about federal charges, the Illinois child pornography charges lawyer at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney can review your case and explain to you what defenses may apply. Call 312-629-0669 to set up your first meeting with our firm today.

Source:

https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-pornography