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Child pornography is an addiction. It is a disease that some people sadly struggle with every day. However, it is also a heinous crime, in that it harms the most helpless members of our society. The predilection to children is a disorder that must be treated holistically. Many argue that, in some cases, a portion of the treatment must include prison time to further the fact that society does not, and will not, stand to see our children abused and mistreated. Regardless of an individual’s stance on punishment, treatment to address the underlying issue is ultimately essential for criminal defendants charged with these abhorrent crimes.
Our attorneys are adept at focusing in on ways to help our clients focus on mitigating their situation if and when they are caught possessing or distributing child pornography. We have a tried and true method for supporting the accused as they begin to move past their addiction. At times, this treatment aspect can help inform a prosecutor or judge as to the individuals’ merits and desire to change.
Not every person charged with possession or distribution of obscene materials or other internet sex crimes is guilty, though. Our attorneys have experience and success trying child pornography-related cases. We have also achieved dismissals before trial by pushing the pace of the case and forcing the issue if and when we find a crack in the prosecution’s theory. Make sure any attorney you hire can say the same.
Child pornography laws make the possession, distribution, or manufacturing of sexually explicit images of minors illegal. A person convicted of violating child pornography laws faces years in prison as well as mandatory compliance with the Oklahoma Sex Offender Registration Act. It is highly advised that you seek counsel with a child pornography lawyer for violations of pornography laws.
Possession of child pornography charges are divided into two tiers. The first tier is reserved for those individuals who are charged with possessing up to 99 images of child pornography. Videos count against this number at a more significant rate than mere individual pictures alone.
Punishment for simple possession of child pornography is up to twenty years incarcerating in prison and a fine of up to $25,000.00. It can be argued this is the same penalty range for anyone charged with manufacturing child pornography or distributing child pornography; however, there is another statute that seems to state that manufacturing, distributing, and downloading child pornography or other obscene materials is only punishable by imprisonment for not less than thirty days nor more than ten years.
When dealing with the charging dilemma involved with distributing obscene materials, the prosecution will likely have a great deal of discretion as to which crime it alleges against the defendant in a criminal charging Information. A skilled attorney can make arguments for a lesser sentence, but a judge’s decision will ultimately decide how much time someone will face for distribution of child pornography.
The second tier relates to individuals who possess 100 or more separate materials containing child pornography. As one can imagine, the potential penalty rises exponentially based on the amount of obscene material someone possesses. This second tier is known as aggravated possession of child pornography. Aggravated possession of child pornography is punishable by a sentence of up to life imprisonment and a fine of up to $10,000.00.
Consequently, the number of images or videos needs to be made certain by the defense attorney handling your case. Moreover, its important for the attorney to also know the relevant case law which discusses how images and videos are calculated. Not every attorney handles every type of case, and the potential consequences of a sex crimes conviction necessitate hiring counsel who is up to date with all developments in the areas of law they handle.
Individuals can be criminally prosecuted for each device they possess which contains child pornography. Regardless whether it is a phone, computer, flash drive, or even a gaming system, if it can store data — and if it stores child pornography — then it can lead to charges. Government agents are remarkably adept at searching and discovering images and videos located on digital storage devices. However, there are specific procedures and protocols that law enforcement must follow when they extract information. If those procedures are not followed, there may be issues the defense can exploit.
Moreover, one can even face child-pornography-related charges for failure to report the discovery of such images or materials. This crime is punishable as a misdemeanor and carries a maximum sentence of one year in county jail. The statute reads as though criminal liability for this omission would only attach to individuals who come across the suspect images or footage within the course of their professional work. However, everyday people could also face potential liability if they were to stumble across any such obscene material.
In our justice system everyone is innocent until proven guilty. If you or someone you love are facing charges you need to hire an experienced sex crimes lawyer from the Law Offices of Adam R. Banner immediately.