Facing an investigation or charge related to child pornography can be highly stressful. Individuals convicted of sex crimes against children face harsh penalties, including jail sentences, heavy fines, and damage to their reputations.
Often, law enforcement personnel who investigate sex crimes against children can be overly aggressive, and their efforts might ensnare people who have done nothing wrong. If you are in this situation, you deserve to have a seasoned criminal defense attorney on your side. A Junction City child pornography lawyer could look into all the circumstances surrounding the events at issue and raise every appropriate defense to help you defeat the charge.
The Kansas Statutes Annotated §21-5510 lays out the definition of sexual exploitation of a child, which encompasses possessing, creating, or selling child pornography. It is illegal to possess an image of an individual less than 18 years old who is shown or heard engaging in behavior meant to sexually arouse or appeal to prurient interests.
Sexual exploitation of a child between the ages of 14 and 18 by someone 18 or older is a level five personal felony. Prison time is usually imposed on those convicted of sexually exploiting a child. Depending on the alleged offender’s prior criminal history, the penalty could be up to 55 months in prison and heavy fines that could total $300,000. If the images were of a child under age 14, the penalty could be life imprisonment.
Conviction on a child pornography charge carries more than just a prison sentence, it also requires the individual to register as a sex offender. The public database of sex offenders is available to anyone with internet access, and someone with a conviction of sexually exploiting a minor would have to maintain their registration for at least 15 years. In certain circumstances, an attorney well-versed in child pornography cases could arrange a plea agreement that spares a defendant from having to register as a sex offender.
When it comes to child exploitation, most images today are in a digital format and shared over the internet. Law enforcement can track images that are believed to depict minors engaging in sexual acts or posing in a manner meant to arouse and identify the IP address of the computer that downloaded them. Law enforcement might execute a search warrant on the location associated with the IP address and could seize computers, cell phones, and other electronic devices as evidence.
There are many technical challenges to identifying child pornography in this way. An experienced defense attorney in Junction City could raise questions about whether:
Defenses related to violations of an alleged offender’s constitutional rights also might come into play in a child pornography investigation. A mistake or omission in a search warrant, the reading of the suspect’s Miranda rights, or providing timely access to an attorney could offer grounds for child porn case dismissal.
If you are being investigated for activities related to child pornography or have already been charged, it is critical to reach out to a seasoned attorney right away. They could demand an accounting of the evidence against you and challenge law enforcement’s work on both technical and procedural grounds.
A conviction carries severe and far-reaching consequences. A Junction City child pornography lawyer could work diligently to expose flaws in the government’s case against you. Put yourself in the hands of a capable defense attorney and get the vigorous defense you deserve.
