Five Defenses Used In Child Pornography Cases
Child pornography charges are some of the most serious a person could face. If you have been charged and are convicted, the consequences you will face could remain with you for the rest of your life. Even if you are not convicted, a charge alone on your record could permanently damage your reputation. If you have been charged with possessing, producing, or distributing child pornography, the situation is not as hopeless as you may think. A Monroe sex crime lawyer can prepare the best possible defense to help you beat the charges.
In order to secure a conviction for child pornography, the prosecution must prove that you had the intent to possess it. For example, you may share a computer with someone at home. If they downloaded child pornography without your knowledge, you did not have the intent to possess it and so, you cannot be found guilty of the offense. Additionally, if you connected to a network or clicked on a link without knowing that it was a download for child pornography, this can also prove you did not intend to possess the material.
The Material is Not Considered Child Pornography
In Louisiana, material is only considered child pornography if an image depicts someone under the age of 17 years old. If the material you were possessing, producing, or distributing material that did not involve a minor, you cannot be convicted of any offense involving child pornography.
Unlawful Search and Seizure
Due to the nature of child pornography charges, police often have to obtain evidence by searching a suspect’s property. For example, if they believe a person is using equipment in their home to create child pornography, law enforcement may conduct a search to obtain evidence against the individual. Police officers and other authorities must follow a very specific procedure before conducting a search, including obtaining a warrant. If law enforcement did not follow proper procedure, it is an illegal search and any evidence obtained during it can be thrown out. This can often make it very difficult for the prosecution to secure a conviction against you.
Entrapment is another offense that involves police misconduct. Entrapment occurs when police encourage a person to commit a crime. However, in order for the entrapment defense to be effective, the suspect must not have intended to commit the crime without the police interference.
For example, if a police officer learned that a person was creating child pornography in their home and then the officer arranged to purchase some to obtain evidence, that is not entrapment. The suspect was already engaging in illegal behavior. On the other hand, if a police officer sold an unmarked package to someone and it contained child pornography, the defendant could argue the defense of entrapment.
Contact Our Experienced Sex Crime Attorney in Monroe
If you have been charged with any offense involving child pornography, you need the help of an experienced Monroe sex crime attorney. At Whiddon Criminal Defense, our Monroe sex crime attorney knows how to craft a strong defense so you have the best chance of beating your charges. Call us now at 318-387-2776 or contact us online to schedule a free consultation and to learn more.