Columbia Child Pornography Lawyer

After being charged for viewing or possessing child pornography it may be difficult to determine what to do next. The penalties for possessing child erotica could be devastating. This could include extended jail sentences, fines, and placement on the sex offender registry.

Immediately following a charge or arrest, you should speak to a knowledgeable Columbia child pornography lawyer. They could help ensure that your rights are protected throughout the whole legal process. A determined criminal defense attorney will use their resources to prove your innocence in court and in the eye of the public. If you have been charged with possessing child pornography, speak to an unstoppable attorney to work on your behalf.

Using The Right Tools and Resources for Fighting A Child Pornography Claim

The first and greatest tool or resource an attorney could have in a child pornography case is experience, especially in taking the case to trial and providing a strong defense for their client. This could include doing a full investigation to combat the allegations. An experienced attorney will already know what to expect and how to handle any mishaps along the way. They will know the ins and outs of the issues that could arise in defending these types of cases.

Another resource that an attorney will use is hiring an expert witness to help prove their case. An expert could conduct their own independent evaluation of any type of electronic device, with their training and experience, they will know what to look for. They are updated not only on the law but how electronic devices or the internet works as far as downloading files off file sharing networks. This is because the most common cases come from the allegation of someone downloading something from a file sharing network and having that file still be on a file sharing network while being disseminated or distributed to other people after it was downloaded.

A dedicated child pornography attorney in Columbia could help provide more information about possible defenses and have the tools to execute them.

Possible Penalties For A Conviction

Child pornography cases both can be brought in the state and federal courts. Most of the time, it is state court, but both can be brought in the federal court if a federal prosecutor chose to pursue it.

The cases that are mainly in federal court are more serious or involve the dissemination of child pornography. The state court deals with stuff that happened within the state and did not implicate federal law. If somebody is disseminating something over the internet, then it can technically implicate federal law and could be charged federally.

The possible penalties if an individual is convicted depend on which level they are charged with. They are three different types of categories: production, dissemination, and possession of child pornography. All three degrees are felony offenses and they are very serious charges.

The most serious is a first-degree sexual exploitation of the minor, which carries a mandatory minimum penalty of three years up to a maximum penalty of 20 years in prison.

Second degree and third degree are still felonies but have lesser sentences. Second-degree sexual exploitation of a minor has a mandatory minimum of two years to 10 years in prison. Sexual exploitation of a minor in the third degree carries a maximum sentence of 10 years in prison.

What If Another Person Used The Computer That The Child Pornography Was On?

Common defenses used in child pornography cases include living in a residence with multiple people sharing an IP address or computer.

If someone else was using the computer that the child pornography was on, that is where getting an independent expert to review the computer logs to show who was logging on can help with the defense. A log can show the who, what, when, where, how, and why on specific dates and a person can use an alibi to prove that they could not have done it and that they were somewhere else.

There could also be issues of running into an unintentional download or mistake. It is not uncommon in these file-sharing programs where somebody has downloaded a file folder that has thousands of pictures and hundreds of videos and there is also illegal pornography in there. An aggressive attorney could build a strong defense to help prove their clients inculpability.

How Sexting Could Be Considered Child Pornography

Within the last decade, when cell phones became more prevalent, sexting-related child pornography cases have become much more common. Sexting-related child pornography cases can be brought in both federal or Columbia courts, but most of the time, they will be brought in the state court. If the parties involved are 17 in South Carolina, they are considered an adult. If anybody under that age was to send a nude picture to them, they would be technically in possession of child pornography. If they were to send that picture to someone else, they would be also charged with disseminating child pornography.

Sexting cases can be considered child pornography when the parties involved are under age 18. A person who is under the age of 18 sends a picture to somebody who is also underage. There is now a picture of someone’s genitalia and because the person is a minor and it is sexual nature, it is considered child pornography. A teen would then be in possession of child pornography.

It would also be considered child pornography if the recipient was an adult. If, for example, a 16-year-old took a nude selfie in the mirror sent it to a person who was 18 years old, that person could be charged with being in possession of child pornography. To clarify, there are different levels, which would depend on the age of the person. The lower the age, the more serious and significant the penalties become.

It is best to speak to a proficient child pornography attorney to help determine whether the charge has merit and how to combat the claim.

Consult With a Columbia Child Pornography Attorney

Being charged with a crime could be traumatic for anyone, this is especially true if you have been charged with possessing child pornography. A conviction for child pornography could come with lengthy consequences that could last for years. Hiring a skilled attorney could help you protect your future.

If you have been charged with possessing or viewing child pornography, a seasoned Columbia child pornography lawyer could help. They could help prove your innocence. It is best to speak to a tenacious attorney as soon as possible following a charge or arrest. Call today to get started on your defense.