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Trusted Topeka Child Pornography Defense Lawyers On Your Side

Charges for child pornography, or sexual exploitation of a minor, carry severe penalties and countless collateral consequences. A successful defense often requires specialized computer forensic knowledge as well as mastery of the law. If you have been charged with a child pornography offense, do not trust your case to just anyone. For first-rate defense in your case, you need Joseph, Hollander & Craft’s Topeka child pornography defense lawyers.

What Is Child Pornography?

Neither Kansas law nor the federal law that prohibits the production, distribution, receipt, and possession of child pornography define the term “child pornography.” Rather, both discuss visual depictions of minors engaged in sexually explicit conduct. The term “sexually explicit conduct” is specifically defined broadly—including conduct ranging from exhibition in the nude to coitus. Under Kansas and federal law, the term “minor” includes anyone 17 or younger.

JHC’s Topeka child pornography defense lawyers know the Kansas and federal child pornography laws inside and out. And we know that law enforcement’s desire to make an arrest can sometimes result in mistaken charges. We have had success challenging law enforcement officers’ assessment of the evidence and application of the law—as well as demonstrating that images do not meet the statutory requirements.

Our Topeka Child Pornography Defense Lawyers: Defending You Against Unfounded Charges

An enormous amount of information exists on computers, smartphones, tablets, and external drives—and computer forensics investigators will recover everything they can. This often includes deleted files, although the metadata for those files is usually lost. That is important because simple custody of unlawful images is not enough. The prosecution must show that the defendant intended to hold and keep the image. Mistaken or unknowing possession of child pornography is not a crime.

Thus, while vast data stored on computers can help law enforcement prepare a case against a defendant, it can also help to exonerate the unjustly accused. JHC’s Topeka child pornography defense lawyers are trained in computer forensics, so we know what to look for. We also frequently engage independent computer forensics experts to assist from the defense side—and explain why the evidence is not as incriminating as the police may think. That might occur with proof that files located on a device were never accessed or viewed. Or perhaps internet browser history shows that the defendant’s intent was to acquire adult pornography. Because JHC’s Topeka child pornography defense attorneys have defended these types of charges for decades, we know how to spot winning issues.

Child Pornography Suppression Defenses

The vast majority of child pornography investigations involve internet investigations by which law enforcement officers find individuals acquiring or trading in child pornography. The law enforcement officers do not know who is operating the computer downloading or uploading the images, so they take investigative steps to narrow down the suspect. They will obtain an IP address, then begin collecting information from internet providers, email services, social media companies, and any other business that may have information about who is controlling the account they are investigating. They will use that information to obtain a search warrant that authorizes the seizure and search of electronic devices. Sometimes they will need your assistance to gain entry into a protected phone or computer. They will almost always seek to question you about your relationship to the pornographic images.

Throughout this process, there are multiple opportunities for the police to violate the protections you are afforded by the Fourth and Fifth Amendments to the United States Constitution. It may be misleading information in, or a material omission from, the search warrant application. They may not have authority to require you to unlock a protected device. Or their methods of interrogation may run afoul of established precedent. If any constitutional violations occur, JHC’s Topeka child pornography defense attorneys will mount a strong suppression defense—urging the court to exclude any unlawfully obtained evidence from trial.

Child Pornography Pleas and Sentencing

Anyone charged with a federal child pornography offense should hire an attorney who knows the United States Sentencing Guidelines, has experience applying them in child pornography cases, and is familiar with the criticism—leveled by federal judges as well as the United States Sentencing Commission—of the child pornography guidelines. Your attorney should also understand the mandatory minimum sentences under federal statute and how to negotiate around them. All of this is critical to resolving cases involving child pornography offenses—whether by trial or plea.

JHC’s Topeka child pornography lawyers have ample experience navigating the federal child pornography statutes and guidelines. We know how to design plea agreements to minimize potential prison time, and we know how and when to challenge guideline enhancements. We also know how Kansas judges sentence defendants in these cases—and what persuades them to deviate below a guideline sentence.

Contact Our Topeka Child Pornography Defense Lawyers

For exceptional defense in your case, call Joseph Hollander & Craft’s Topeka child pornography defense attorneys today.

Frequently Asked Questions About Child Pornography Charges

Are child pornography offenses prosecuted in federal or state court?

Kansas statutes and federal statutes prohibit possession, distribution, and production of child sexual exploitation material (commonly referred to as child pornography). While statutory language that defines the crimes differs, the same essential conduct can be prosecuted in state or federal court. Where the case is filed may depend on which law enforcement agency handled the investigation or how many images are involved (cases with more images tend to be prosecuted at the federal level).

Can teens be charged with child pornography offenses for sexting?

 It is illegal for anyone to possess, distribute, or produce a sexually explicit image of a minor. A minor is anyone under 18. And there is no age requirement for the offender. So minors can commit the crime too.

If two similarly aged teens voluntarily exchange sexually explicit images, it is unlikely either will be charged with a child pornography offense for that conduct alone. The child pornography laws are designed to protect minors from adults and generally used to that end.

But, child pornography laws may be used to punish behavior that goes beyond voluntary exchange or that involves a large age discrepancy. For example, conduct in the nature of revenge porn or capturing and sharing images without consent may subject a teen to a more significant threat of criminal prosecution. Images shared between a 13-year-old and a 19-year-old will likely receive greater scrutiny than images shared between two 17-year-olds.