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Home > Indianapolis Child Pornography lawyers

Indianapolis Child Pornography lawyers

Child Pornography

The Internet has become the common means for the distribution of child pornography. The Internet offers those involved in child pornography both anonymity and a much expanded range of resources. Child pornography is, however, illegal virtually everywhere in the world, and child pornography cases are prosecuted vigorously. If you are facing charges that relate to an alleged involvement in child pornography, you need the expert assistance of an attorney with experience handling child pornography cases.

If you or a loved one is Falsely Accused of Child Pornography in Indiana, contact the Indiana Child Pornography defense Lawyer Tony Zirkle for a free consultation.

What is Child Pornography?

Federal law (18 U.S.C.A. §2256) defines child pornography as a visual depiction of sexually explicit conduct that involves a minor or an identifiable minor. A minor is any person under the age of eighteen. An identifiable minor is someone who was a minor when the image was created. This includes images used to create the depiction of sexual activity (for example, by digitally editing a picture). The definition of sexually explicit conduct includes sexual intercourse, masturbation, bestiality, sadistic or masochistic acts, or the lascivious exhibition of the genitals or pubic area . . . . Some courts have held that a lascivious exhibition does not necessarily mean nude, but can also refer to focusing on the clothing over the genitals or pubic region. Many states define child pornography in a similar manner.

Laws Restricting Child Pornography

Unlike other forms of sexually explicit material, child pornography is banned even if a particular item does not meet the legal definition of obscenity. There is no constitutional right to possess, distribute, or produce child pornography.

Federal law prohibits the importation, mailing, or transmission via the Internet of child pornography. Federal law also prohibits possession of child pornography. A person who sells or distributes child pornography may be sentenced to a prison term of five to fifteen years. A person who possesses child pornography may receive a prison sentence of up to five years. In addition, the federal government may obtain a court order that allows it to seize any property that relates to child pornography. This seizure may include photographic equipment, computers, or even the money made from selling child pornography.

It is a defense to child pornography charges that the person charged did not know that minors were depicted. Federal laws that prohibited the use of images that appear to be minors, but are not, have been held to be unconstitutional.

State penalties for possession or distribution of child pornography vary widely. In some states, the offense of possession is a misdemeanor; while in others, it is a felony that may result in a lengthy jail sentence. In most states, distribution of child pornography is a felony, involving prison sentences of many years. Many state laws also call for the imposition of substantial fines, instead of, or in addition to, prison time. State laws often call for those convicted of child pornography offenses to register as sex offenders.

Conclusion

Child pornography is a crime that law enforcement, as well as the community at large, takes seriously. Considerable time and resources are devoted to the investigation and prosecution of child pornography possessors and distributors. If you, or someone you know, are being investigated or charged in connection with child pornography, it is important to obtain expert legal assistance. An experienced defense attorney can give you the assistance you need to protect your rights.

 

If you or a loved one is Falsely Accused of Child Pornography in Indiana, contact the Indiana Child Pornography defense Lawyer Tony Zirkle for a free consultation.









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