Defenses to Federal Child Pornography Charges
90% of those charged with this type of Federal crime often plead guilty. Many of these individuals that do go on to trial are convicted. While you are likely wondering how to beat this charge, the most important thing to do is get an attorney as soon as possible.
What a Federal Child Pornography Charge MeansIf you hope to beat the federal child pornography charge, you’ll need to understand all the elements involved. In order for you to be convicted on this charge, the Federal Government must prove the following things to be true:
- You knowingly obtained any image containing child pornography
- The image in question was transported in interstate commerce or was created by items that were transported in interstate commerce.
Defenses to Child Pornography ChargesLawyers that are tasked with beating a child pornography charge have a few defenses that they can use. Your attorney can argue the following:
- The Content Isn’t Child Pornography: This defense can work if your lawyer can prove that the seized images aren’t child pornography. For an image to be classified as child pornography, it has to meet certain qualifications. The content has to depict children that are naked or sexually explicit. Another way to prove this defense is to allege that the images are for scientific or educational purposes.
- Unintended Possession: This defense will work if you did not intend to possess the child pornography. This defense would apply in the scenario that someone receives child pornography by accidentally clicking on something. A lawyer can argue this defense if there is proof that you spent a limited amount of time on any particular website.
- Illegal Search: If a procedural error occurred during the seizure of the alleged child pornography, a lawyer can argue that this error violated your constitutional rights. If the evidence was illegally obtained by police, the evidence will be thrown away.
- Psychological Addiction: This defense is used in conjunction to pleading guilty. It can be used to minimize the sentence you will receive if convicted. This defense can result in a sentence to a treatment program rather than incarceration.
- Entrapment: If you were part of a sting operation where you were coerced into committing the crime, your lawyer can argue entrapment. This defense will apply to a situation where the purchased content isn’t clearly labeled as child pornography.