Child pornography charges can change the course of your life in an instant. Not only can you lose essential freedoms, but these changes can limit your future opportunities, such as employment and personal relationships. Whether you are being accused of possessing, distributing, or producing child pornography, a criminal defense attorney can help you challenge the charges. A Rochester child pornography lawyer can help you develop a robust defense to help you avoid a conviction or reduce the penalties.
Child pornography can lead to harsh legal penalties. First-time possession offenses may result in up to five years in prison and a $5,000 fine. Distributing child pornography, on the other hand, carries a penalty of up to seven years in prison and a $10,000 fine. Additionally, if you are convicted of distributing child pornography for profit, these penalties may increase substantially. A first-time offense for producing child pornography can lead to up to 10 years in prison and a $20,000 fine.
If a person is convicted of child pornography, they will also be listed on the state sex offender registry. Being on this registry can limit where individuals may live and work, including preventing them from working in certain industries. Furthermore, registered sex offenders can face ongoing restrictions on their freedoms.
A child pornography attorney can help an individual in Rochester explore legal options to avoid a conviction or lessen the severity of the sentence.
Working with a child pornography lawyer in Rochester is essential for determining the best defense for an individual’s case. An attorney can review a person’s case and work to minimize the potential consequences of a child pornography charge.
Accidental possession occurs when an individual does not intend to possess child pornography. This may include being sent child pornography maliciously or downloading it due to a virus or malware. It can also include receiving child pornography as part of other, legal content the person intended to download.
Accidental possession may also occur if a teen or young adult receives pornographic content from a minor but does not solicit or intend to receive it and takes steps to remove it immediately.
Entrapment occurs when a person is pressured or forced by law enforcement to acquire child pornography when they would not otherwise have engaged in such activities. This can include pressuring someone to purchase the material, including child pornography in otherwise legitimate content, or sending the individual child pornography to catch them with it.
Illegally searching computers, phones, and other property to discover child pornography violates Fourth Amendment rights. Evidence obtained illegally cannot be used against someone. Additionally, mishandling poor evidence may interfere with the prosecution’s ability to use the evidence against a person.
If the individual in the content was over 18 at the time it was created, it does not constitute child pornography. This means the person cannot face child pornography charges.
Depending on the specific facts of a case, a lawyer can leverage multiple defense strategies to secure the best possible outcome.
A child pornography conviction can permanently affect your life. It is crucial to present an effective defense to protect your freedoms and avoid severe penalties. At Kohlmeyer Hagen, Law Office Chtd., we are dedicated to defending individuals against criminal charges. Schedule a consultation with a Rochester child pornography lawyer today for more information on defending against child pornography charges.
