Are there Defenses to Child Pornography Charges?

A conviction of a crime related to child pornography can have a significant impact on every aspect of your life. Sexual crimes involving children have a substantial social stigma, and a conviction could mean the end of your career, restrictions on where you live, and isolation from your family and friends.

While these consequences alone are themselves significant, it is important not to forget that there are significant legal penalties you can face as well. If you are convicted of the possession or distribution of child pornography, you can face significant fines, prison time, and a requirement to register as a sex offender.

Allegations related to child pornography can be difficult to defend against, particularly when the authorities have discovered contraband material in your possession. That said, it is not impossible, and a skilled attorney may be able to have a significant impact on the outcome of your case.

Potential Defenses in Child Pornography Cases

Below are brief explanations of defenses that may be raised in a child pornography case. These defenses are highly technical, and raising them properly typically requires the assistance of a skilled attorney.

4th Amendment Violations

The police are not allowed to search you, your home, your car, your computer, or your smartphone whenever they want. The United States Constitution requires that the police have a warrant or probable cause to search you or your possessions. If they engaged in an illegal search in your case, it may be possible to have any evidence they collected suppressed, meaning that it cannot be used against you in court.

Entrapment

Entrapment occurs when the police induce you to commit a crime that you would not have otherwise committed. If you can prove that you were entrapped, it can be an affirmative defense to the charges against you, meaning that you would admit to the conduct of you were accused but not be convicted of a crime.

Lack of Intent or Knowledge

Most child pornography charges require that you were aware of your actions and knew that the material in question was child pornography. For example, if you mistakenly accessed child pornography online when you intended to access adult pornography, it could be used as a defense against the charges against you. Similarly, if you accidentally downloaded child pornography when trying to download a movie on a file-sharing site, that could also be used as a defense. These defenses typically involve producing circumstantial evidence that tends to indicate that your intent was not to possess or distribute child pornography.

Call Us Today to Speak with one of Our Experienced Lawyers

If you are facing criminal charges related to child pornography, it's critical that you call Cohen Law Offices at (715) 514-5051 right away. Our experienced team understands how seriously a child pornography conviction can affect your life and will do everything possible to resolve your case as favorably as possible. Contact our office today to schedule a free consultation with an experienced lawyer.