Getting accused of possession, distribution, or creation of child pornography can ruin your reputation and relationships and cost you your job. A conviction will follow you forever. It shows up on your criminal record and usually require you to register as a sex offender, so even people without access to your criminal record will know about the charges.
Whether you were accidentally caught up in child pornography, falsely accused, or made a terrible mistake, a Doraville child pornography lawyer can help. A knowledgeable criminal defense attorney could assess the circumstances of your case and provide you with potential remedies to help you resolve your case.
Understanding Child Pornography Charges
Georgia Code Annotated ยง 16-12-100(b)(8) addresses possession of child pornography and criminalizes possession or control of any material depicting a minor engaged in sexually explicit conduct. Any media can be child pornography, but the most common types are photographs, videos, films, and print materials.
A person can obtain child pornography in several ways, including:
- Creating it themselves through sexually abusing a child
- Receiving it unsolicited from a minor sexting images to them
- A third party sending them unsolicited child sexual abuse material
- Accessing it accidentally online while searching for other materials
People looking for child sexual abuse materials often go to websites dedicated to file sharing these materials. They may also engage in grooming behavior, seeking sexual material from children through relationship-building online. These two behaviors are high-risk for offenders, since the other party could always be an undercover police officer. In those instances, a Doraville child pornography attorney may be able to argue entrapment as part of a defense.
Child Pornography Cases Are Often Digital
Decades ago, child pornography was more challenging to access and more difficult to discover. Today, most child sexual abuse materials are distributed and purchased or shared online, making it much easier to access the material. It is even possible to accidentally access the material, whether doing so by looking for sexually explicit material featuring adults or simply looking for non-sexual material.
Because these materials are often found on computers and servers, you should work with a Doraville child pornography attorney who understands technology. The lawyer needs to be able to examine the evidence that the state has against a defendant and how to challenge that evidence. A thorough understanding of technology puts the lawyer in the best position to help plan a defense.
Penalties Related to Child Pornography
It is vital to take child pornography charges seriously. The potential prison sentence is five to 25 years, with a fine of up to $100,000. Even after a defendant completes their sentence, a child pornography conviction follows them. Being on the sex offender registry can keep you from getting a decent job, restrict your ability to live in specific locations, and ruin your reputation.
A child pornography conviction can also impact things beyond criminal law. For example, it can influence custody decisions and divorce proceedings. While these consequences are not official penalties, they are the reality that comes with a child pornography conviction.
There is one exception to the strict sentencing. Possessing child pornography can be charged as a misdemeanor if the minor was at least 14 at the time the material was created, the minor permitted the material to be created, and the defendant was 18 or younger at the time of the offense. This exception is similar to Romeo and Juliet statutes that provide some protections for teens who sext each other. However, sharing those images with others negates the protective provision, and the court and the prosecuting attorney have discretion about the charges.
Talk to a Doraville Child Pornography Attorney When You Are Charged
It is easy to feel hopeless if you have been charged with child pornography. The reaction from the community, family, and friends is often dramatic and fast, so that you may feel alone. However, an attorney can use defenses to help you minimize your criminal punishment, establish innocence, and begin to rehabilitate your reputation.
The available options depend on the facts of your case. The best way to learn more about your potential defenses is to schedule a consultation with a Doraville child pornography lawyer as soon as possible.