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Police are constantly scanning the internet in search of computers and phones containing images of child pornography. If they locate files containing child pornography, police will obtain the user’s IP address and issue subpoenas to identify the location and users with access. If you are targeted in such an investigation, you may receive a notice from your internet provider, email provider, or social media company revealing that they have received a subpoena. Call Joseph, Hollander & Craft’s Wichita child pornography criminal defense attorneys immediately if this happens. A search of your workplace or home may be imminent.

What can police find by searching my computer?

Agents can access a staggering amount of information on smartphones, tablets, computers, and other storage devices. Police can sometimes even recover deleted files. Many emails and chats that you have deleted can be obtained from your personal device or through subpoenas to companies such as Google, Facebook, and Yahoo. Examiners quickly find recent internet history and directories of recently accessed files. They can find your search terms, websites you’ve visited, and images from those websites that are automatically downloaded to your hard drive, sometimes without your knowledge. Law enforcement can also use special software to determine when files were created and when they were last accessed.

Online file sharing services such as Limewire and BitTorrent have been extremely popular. These programs allow users to share files—including movies and pictures. The programs are convenient and easy to use, but they come with a lot of risk. Many files hosted over peer-to-peer (P2P) sites are incorrectly named, and many users, both experienced and novice, can open themselves to criminal charges with no intent or knowledge. For example, users will often batch-download files. This can lead to accidental downloads of child pornography contained in the batch. In addition, someone may unintentionally make these illegal files available to others because of the default settings of their software. Police can see these potentially shared files and may believe that you are purposefully distributing child pornography.  A conviction for distribution of child pornography carries a minimum sentence of five years’ imprisonment and triggers lifetime registration as a sex offender.

What should I do if police seize my phone or computer?

You should contact JHC’s Wichita criminal defense lawyers immediately if your computer, cell phone, or laptop is taken. We regularly work with computer forensics experts and apply the law pertaining to searches of electronic data and hardware. Our Wichita child pornography defense lawyers know how to:

• Exclude evidence that was found without proper search protocol
• Cross-examine government forensic investigators
• Identify defenses that might be overlooked by an attorney who does not regularly work on computer forensics cases
• Defend charges of possession, receipt, and distribution of child pornography in both Kansas state court and the District of Kansas

How to Respond to a Child Pornography Investigation

The existence of child pornography on your hard drive doesn’t inherently prove that you committed a crime. Police need to demonstrate that you knew it was there and had access to and control over it. To get evidence to prove knowledge and control, police will always try to get a confession. JHC’s Wichita child pornography defense lawyers will stand between you and police to ensure that your Fifth Amendment rights are respected. We can also arrange a polygraph and/or retain forensic and other experts to refute the government’s evidence.

Defending a Child Pornography Case

Our Wichita child pornography lawyers are well-versed in federal and state child pornography laws. We can show when someone inadvertently had child pornography on their phone or computer and how it might have gotten there. We know innocently labeled files of horrible images can be accidentally saved or automatically saved by your internet browser, and we have convinced judges to dismiss charges because the files had never been viewed or were not accessible to the user. JHC’s criminal defense attorneys know what to look for when building your defense against child pornography charges. We can quickly identify the relevant defenses and mitigation strategies to avoid or mitigate your charges.

Sentencing In Child Pornography Cases

If you end up at a sentencing hearing, it is essential that your attorney has a thorough understanding of the applicable sentencing scheme. JHC’s Wichita child pornography defense attorneys know that the federal sentencing guideline for child pornography is flawed. We are able to effectively articulate the widespread criticisms of the guideline, including statements made in recent reports from the United States Sentencing Commission. We know how to attack the current sentencing guideline enhancements and how to design plea agreements that minimize or avoid prison time. We know what factors judges want to hear when handing down sentences to obtain the least harsh and most fair punishment for our clients, when punishment is necessary.

Contact Joseph, Hollander & Craft today to speak with one of our child pornography criminal defense attorneys.

Top Questions About Defending Child Pornography Cases

Is child pornography a state or federal crime?

The acts of possessing, distributing, and producing child pornography are crimes under federal law and Kansas law. It is possible to be charged in both jurisdictions.  Joseph, Hollander & Craft’s criminal defense attorneys defend child pornography charges in Kansas state courts and the United States District Court for the District of Kansas in Wichita, Topeka, and Kansas City.

How does the law define child pornography?

Federal statutes do not define the term “child pornography.” Rather, the statutes pertaining to child pornography address “sexual exploitation” pertaining to visual depictions of minors engaging in “sexually explicit conduct.” A minor is anyone 17 or younger. The term “sexually explicit conduct” includes actual or simulated sexual intercourse; bestiality; masturbation; sadistic or masochistic abuse; and lascivious exhibition of the anus, genitals, or pubic area of any person.

Kansas state law also prohibits “sexual exploitation.” Like federal law, the state statute applies to depictions of minors (anyone 17 or younger) engaged in sexually explicit conduct. But Kansas statute defines “sexually explicit conduct” to include actual or simulated exhibition in the nude; sexual intercourse or sodomy; masturbation; sado-masochistic abuse with the intent of sexual stimulation; and lewd exhibition of the genitals, female breasts or pubic area of any person.