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Overland Park Child Pornography Defense Attorneys

State and federal laws prohibit the possession, receipt, distribution, and production of child pornography. This includes all visual depictions of minors (anyone under 18 years old) engaging in sexually explicit conduct. These laws extend to digital images and videos as well as those possessed in hard copy. And offenders face harsh penalties if convicted. If you have been accused of or charged with a child pornography crime, you need an attorney who regularly defends this type of case. Contact Joseph, Hollander & Craft’s Overland Park child pornography defense attorneys today.

Child Pornography Investigations

Law enforcement officers routinely survey the internet looking for individuals downloading and distributing child pornography. They obtain the IP address for the offending computer and begin additional investigations, such as serving subpoenas or warrants on social media companies and email and internet service providers. Upon review of this material, they prepare a warrant for a judge’s signature and show up at a suspect’s house or place of work to seize electronic media and make criminal accusations.

During the warrant execution process, investigating agents will ask to speak with you about what they have found. The purpose for this questioning is to obtain a confession to use against you in court. Joseph, Hollander & Craft’s Overland Park child pornography defense attorneys will serve as a protective barrier between you and law enforcement in exercising your right to remain silent. We will advise you regarding what to do now and what to expect next. After further consultation, we may also determine it is in your best interest to submit to a polygraph or engage a computer forensic expert to review the evidence.

Building a Defense in Your Child Pornography Case

Independent review of the computer data can be critical in some child pornography cases, as there is an enormous amount of information available and the details can be complex. The government’s computer forensic examiners will easily find your internet history and recently accessed files. Specialized software will reveal the search terms you used and the websites accessed. It is also possible to determine when computer files, including images and videos, were created, modified, and last accessed. In addition, deleted emails and chats can be recovered from your device or through subpoenas and warrants to companies such as Google, Facebook, and Yahoo.

Our Overland Park child pornography defense lawyers know federal and state child pornography laws, and we know that the presence of child pornography on a device does not necessarily mean a crime has been committed. We know images from websites can be automatically downloaded to your computer without your knowledge. We are also familiar with the practice of mass downloading materials from file-sharing services and know that this can lead to inadvertently obtaining files you never sought or desired. In some cases, we have proven that child pornography images were never intentionally possessed because they were not viewed but merely obtained as part of a batch download of images. Other times problematic files were viewed, immediately deleted and, thus, no longer “possessed.” Because we know what to look for, we can readily identify relevant issues for building your defense.

Our Overland Park child pornography defense lawyers also have experience excluding evidence that was uncovered in violation of the law or without proper search protocol. We know how to cross-examine government forensic investigators and challenge their assessment of images that do not meet the legal criteria for pornography. Because we regularly handle these cases in state courthouses across Kansas and federal courthouses throughout the District of Kansas, we can identify defenses that might be overlooked by an attorney who does not regularly work on child pornography matters or cases that involve complex computer forensics.

Plea Agreements and Sentencing

If the prosecution can prove its case, it is imperative your attorney understands the applicable sentencing guidelines and statutory sentencing requirements. For example, probation is an option for some state convictions. When it is, we advocate for a sentence that facilitates treatment and rehabilitation and present evidence to support our requests.

In federal court, many child pornography offenses carry mandatory minimum sentences ranging from five to thirty years’ imprisonment. JHC’s Overland Park child pornography criminal defense attorneys know the federal child pornography sentencing guidelines, we know the enhancements subject to attack, and we know the federal judges’ opinions on the guidelines. We use our knowledge to negotiate agreements that mitigate the effects of harsh statutory minimum sentences and guidelines whenever possible.

Overland Park Child Pornography Defense Attorneys

Don’t delay. Call one of our Overland Park child pornography defense attorneys today.

Frequently Asked Questions About Overland Park Child Pornography Defense

What constitutes child pornography?

Child pornography, also called child sexual exploitation material (CSEM), refers to any visual depiction (such as a still image or video) of minors (individuals under the age of 18) involved in sexually explicit conduct. Legal prohibitions extend to depictions of simulated conduct as well as actual conduct.

Is it illegal to watch child pornography?

Laws prohibiting child pornography are directed at criminalizing the intentional possession, distribution, receipt, and production of child pornography. They do not specifically address watching child pornography—although intentionally watching child pornography generally gives rise to a prosecutable offense. In many jurisdictions, that provides the basis for a possession or receipt charge.

Can I be charged with a child pornography offense if I did not create the photo or video?

Yes. Production of child pornography is the highest severity level of child pornography offenses, not the only one. Federal and state laws criminalize the possession, receipt, distribution, and production of child pornography.

What are common defenses to child pornography charges?

Common defenses to child pornography charges include:

• The content is not child pornography – the images depict adults or do not meet the legal requirements for sexual exploitation
• Suppression – the evidence critical to the prosecution’s case was obtained illegally and cannot be admitted at trial
• Someone else did it – someone with access to your room put the images in there; someone with access to your computer or internet network downloaded the images
• Accidental possession – you did not know about or intend to possess the images
• Entrapment – law enforcement officers induced you to commit a crime you would not have committed on your own

Each case is unique, so not every defense listed above (and possibly none) may apply to your case.