How Do Innocent People Get Accused of Possessing Child Porn?

Unfortunately, individuals are sometimes subject to arrest for a criminal offense that they never committed. When it comes to criminal charges stemming from child pornography, wrongful arrests typically fall into two categories. The first category is where an individual carelessly browsed the internet and downloaded child pornographic content unintentionally. The second category is where another individual intentionally downloaded the pornographic materials on the accused's computer in order to seek revenge or smear the other parent in a child custody proceeding.

In some instances, a criminal defense lawyer may be able to introduce forensic evidence to combat a child porn possession charge. For instance, your attorney could examine the circumstances of your charge and arrest and determine if you are eligible to raise a legal defense in court.

Unintentionally Possessing Child Porn Materials

In order for a state prosecutor to obtain a conviction against a defendant in a child porn possession case, the prosecutor must demonstrate – beyond a reasonable doubt – that the defendant knowingly possessed the physical materials or digital image and that the image portrayed a minor engaging in some type of sexually explicit act. In some instances, the defendant may have acted in an ignorant or careless manner but not necessarily in a knowing or intentional manner. That distinction can make all the difference in the world when it comes to obtaining (or not obtaining) a conviction against the defendant. Other evidence, such as a lack of searches for underage pornographic content, could be favorable to the defendant in the case.

Defendants Who are Framed

In some instances, defendants are falsely accused of possessing child pornography because of someone else's actions. For example, in a particularly contentious divorce case, a wife – in an attempt to frame and sabotage her husband – might download the pornographic images onto her husband's computer in hopes that the court will find out and refuse the husband custody or visitation of the couple's minor children. Computer and forensic experts can be extremely helpful when it comes to finding out how certain images came to be downloaded on a computer and who was ultimately responsible for downloading those images.

Talk to a Knowledgeable Criminal Defense Attorney Today

The potential penalties for a child porn possession conviction are oftentimes serious and include potential jail time and fines. In addition, the court may require the offender to register on a federal or statewide sex offender registry, making it nearly impossible for the offender to get a job or find a decent place to live in the future. Consequently, having experienced legal counsel represent you during the proceedings is one of the most important steps that you can take in your case.

To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online to learn more.