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Local police and federal agents troll the internet with sophisticated software looking for evidence of child pornography offenses. Sometimes they find terrible cases where children are actively being abused. But, more often, they find someone with adult pornography and also some underage images. Even though police are most interested in stopping cases of active abuse, those who have downloaded and viewed images are often charged with federal crimes that carry a statutory sentence of 5 to 20 years in prison. Often, a defendant finds out about an investigation when police arrive with a search warrant. If that happens, contact Joseph, Hollander & Craft’s Lawrence child pornography defense attorneys.

Child Pornography Defined

The statutes that prohibit the production, distribution, receipt, and possession of child pornography do not actually define that term. Instead, they address visual depictions of minors engaged in sexually explicit conduct. What constitutes “sexually explicit conduct” is distinctly defined by Kansas and federal statutes, but it includes conduct spanning from intercourse to exhibition in the nude. Minors include anyone under the age of 18. So, even though Kansas law recognizes a 16-year-old’s authority to consent to sexual activity, state and federal law outlaw sexual images of that person—even if they were taken, given, or offered voluntarily.

JHC’s Lawrence child pornography defense attorneys know the applicable statutes and case law well. We have successfully defended cases on the basis that the images at issue do not fall within the legal prohibition. We have experience questioning law enforcement officers about these issues and challenging their investigations and application of the law.

Your Defense Against Unfounded Child Pornography Charges

Forensic examiners can find an amazing amount of information on smartphones, computers, and other external storage devices.  Recently deleted files are often recoverable, but the “metadata” that provides history about the file is often lost. Even when police often find unlawful images, however, they must prove that the defendant intended to obtain and wanted to keep the files. Knowing possession, receipt or distribution means just that–the accused knowingly obtained and kept possession of the files. Mistaken or unknowing access to a file is not a crime.

While the vast forensic information can help police build many cases, it can also work in your defense. Our Lawrence, Kansas, child pornography defense lawyers routinely work with independent computer forensics experts to help explain that the evidence police think they have isn’t as incriminating as they think. For example, we may be able to show that files, while present on a device, were never accessed. Or perhaps internet search history indicates a quest for adult pornography went awry. Because JHC’s Lawrence child pornography defense lawyers routinely handle these cases, we adeptly identify issues an attorney who is unfamiliar with computer forensics will overlook.

Child Pornography Suppression Defenses

When law enforcement officers detect downloads or sharing of child pornography, they get the IP address for the device involved and start an investigative process to determine who was using the device. They can obtain information from internet service providers, email service providers, and social media companies. Then, they use that information to apply for a search warrant of the home or business associated with the IP address. Investigating agents will execute the warrant when you are around so that they can confront you with allegations that you have committed a crime and question you about it. Then they will take your electronic devices to be searched off site.

There are multiple points along this process when officers may run afoul of your Fourth or Fifth Amendment rights. There may be misleading information in the search warrant application or a fatal error in its execution. There may be issues related to demands for you to unlock a protected device or provide a passcode. Or law enforcement may employ interrogation tactics that cross the line. If there are any constitutional violations, JHC’s Lawrence, Kansas, child pornography defense attorneys will spot them and demand that any evidence obtained as a result be excluded from trial.

Child Pornography Charges, Pleas, and Sentencing

If you are facing federal child pornography charges, it is imperative to hire an attorney who is familiar with the United States Sentencing Guidelines and recent criticism of the child pornography guideline. Many federal judges and the United States Sentencing Commission have called for revisions to the guideline because it triggers excessive penalties.

Your attorney should also be well-versed in the mandatory minimum sentences triggered by federal law. For example, prosecutors sometimes offer to reduce a “distribution” charge to a “receipt” charge knowing it will trigger the same punishment–five to 20 years in prison. A federal defense attorney with experience defending child pornography cases will know the only way to avoid a mandatory minimum is a plea to possession.

Contact Our Lawrence Child Pornography Defense Attorneys

Our attorneys regularly and successfully challenge guideline sentences for child pornography offenses. We understand how to structure plea agreements to limit exposure to prison and when to challenge guideline enhancements. We also know the type of information that convinces judges to deviate from a harsh guideline sentence and show mercy.

Do not delay, call Joseph Hollander & Craft’s Lawrence child pornography defense lawyers today.

FAQs

Is child pornography a state or federal crime?

Possession, distribution, and production of child pornography is prohibited by Kansas state law and federal law. While the specific definitions of the crimes differ, the same conduct can be prosecuted in state or federal court.

Is it illegal to possess images that were sent to me voluntarily?

It is illegal to possess any image depicting an individual under the age of 18 years old engaged in sexually explicit conduct. Even if the image was sent voluntarily by an individual of age to consent to sexual contact, possession of that image violates the legal prohibition on possession of child pornography.

Local police and federal agents troll the internet with sophisticated software looking for evidence of child pornography offenses. Sometimes they find terrible cases where children are actively being abused. But, more often, they find someone with adult pornography and also some underage images. Even though police are most interested in stopping cases of active abuse, those who have downloaded and viewed images are often charged with federal crimes that carry a statutory sentence of 5 to 20 years in prison. Often, a defendant finds out about an investigation when police arrive with a search warrant. If that happens, contact Joseph, Hollander & Craft’s Lawrence child pornography defense lawyers.