Possessing or distributing child pornography is a serious offense that can be charged as either a state or federal crime.

Child pornography networks, or groups of individuals who have banded together to distribute child pornography in the form of photographs, videos or computer-generated images exist all around us. This was underscored by the recent arrest by federal authorities of a New Hampshire man in Louisiana who, along with 55 other people across the U.S, were charged as being part of a distribution network called Dreamboard, designed to distribute child pornographic images and videos of child victims of sexual abuse.

Pornography is rampant on the internet. Videos and images of adults engaged in sexual acts or of displaying nude images can easily be found online and those who distribute them are seldom if ever prosecuted, but all state and federal laws do prohibit images of minors engaged in intercourse, sexually explicit conduct, simulated sexual intercourse or sadistic or masochistic abuse. Images include not only videos and photographs, but computer-generated images as well. A minor, under child pornography laws, is anyone under the age of 18.

While authorities crack down on child pornographic images found on the internet and available to anyone, most child pornography is found on CD-ROMs, DVDs and videos that are relayed via computer in such formats as newsgroups, chatrooms, instant message, file transfer protocol, email, and peer-to-peer technology.

You do not have to be involved in producing or distributing child pornography to be charged with a crime. Merely downloading the images can lead to a mandatory minimum prison sentence under federal law of 5 years. You face a possible longer prison sentence depending on the number of images in your possession and how you obtained them.

A conviction will mean that you must register as a sex offender for life.

Defenses

There are defenses to child pornography charges but you will need the services of an experienced criminal defense attorney who has defended persons accused of sex crimes and who has practiced in federal court. Knowledge of the censorship laws and the definition of obscenity and how these relate to your offense is essential.

• Entrapment

Defenses to child pornography includes entrapment. If an undercover agent in a chatroom persuades you to buy child pornography, you could argue that you had no predisposition to engage in the crime and only did so because you were lured into it.

• Lack of Intent

Some people have innocently viewed a child pornography web site by clinking on a link that popped up, or by opening an unsolicited email with illegal images. Accidentally downloading a child porn site is not a crime.

• Exempt Images

You can argue that images of minors in drawings, statutes or films that have been rated by the Motion Picture Industry of America are exempt from prosecution as are images used for legitimate educational or scientific purposes.

• Age

If you did not know that the person in the film or photo was under 18, you may have a viable defense. In these cases, expert testimony may be needed to establish the ages of the persons depicted.

• Addiction

Although not a true defense, if you can offer psychological testimony that you are addicted to the material and show the appropriate remorse, you could persuade the judge to give you a lenient sentence and undergo counseling as a condition.

Retain a Skilled Criminal Defense Attorney

As you can see, possessing child pornography is a serious offense. If you are charged with crime involving child pornography, contact Ryan Russman. Ryan Russman is a board-certified criminal defense attorney with the experience and trial skills you will need to defend yourself against these very serious charges.