A case involving child pornography is usually taken seriously and can easily land oneself in jail. Distribution and possession of child pornography is considered a serious breach of the law. This, therefore, implies that it is imperative to find the best attorney especially one who deals with child pornography cases. The following are defensive ways in which a lawyer can help with child pornography cases;
The Content is not Child Pornography
In this case, the lawyer can protect the defendant by refuting that the content is not of a child pornographic kind. For the content to be considered child pornography, it must contain some specific definition. For example; displaying images of naked children or expressing sexual content involving children.
This is one of the common defences whereby the lawyer may claim that the child pornography material does not belong to the defendant. This kind of defence may be brought in when the content in question is found on the computer which is used by many people. A good example is when the content was found in a cyber computer or work computer. Someone else may have downloaded the pornography content and pointed fingers at the defendant.
The defence lawyer can help resolve this case by either, having a computer expert determine when and how the content was downloaded, or by proving that there was no possibility that the defendant downloaded the content.
It is also possible for the lawyer to argue that the possession of the content wan unintended. This defence can be raised if the accused received the child pornography accidentally through social media, or by unintentionally clicking on a website thus downloading without his/her knowledge. The defence lawyer can, therefore, help confirm this case by showing the time the accused spent on that particular website page.
Another kind of defence is when the defendant had the intention of viewing pornography, but not to view one involving a child.
Individuals are accused of violating laws on child pornography may have the need to consult a defence lawyer. The lawyer can then explain the rights of the defendant to the court. In addition, the lawyer can talk about various defences that may be applied in solving the case. He or she can help protect the rights of the defendant depending on the particular incident involved.
This usually occurs when the law encourages, an otherwise innocent person, to commit a crime in order to arrest and prosecute that person. Once the defendant is done with the task of downloading or buying the child pornographic material, the defendant can be arrested. This defence may arise when the accused downloads or purchases material that is not clearly a child pornographic type.
Psychological Addiction Causes
This defence may be applied in order to help reduce the sentence period a defendant receives if found guilty. While it is not usually a dismissal charge result, it may help the convicted receive a counselling program type of sentence instead of a prison sentence.
In other cases, the lawyer may be able to raise a defence not based on the accused innocence, but according to procedural errors that were made in the process of his or her arrest. For example, when the accused successfully indicates that the criminal evidence was illegally taken by the police.
This defence could be considered if the search warrant was illegally acquired, it can be because the law enforcement police who acquired the warrant gave a false information so as to get it. In other cases, the police may have gone beyond the depth of the warrant, for example by searching locked areas, computers, and other stuff that were not stated in the search warrant.
Child Pornography Penalties;
A conviction of child pornography possession or distribution can be punished in different ways including;
- Life sentence
- Conviction on a felony charge
Any child pornography case is a serious offence with serious consequences. Therefore, the longer you delay in getting a defence lawyer, the more difficult and complicated it will be to fight off your case and protect your rights.