Defenses Your Attorney May Use for Child Pornography Crimes

Being accused of a child pornography crime is a grave matter that can have severe consequences on your life. However, an accusation is not a conviction. Your attorney has several defenses that may be used to challenge the charges against you.

Our legal team at Defend Ocala has the resources necessary to craft a strong defense to suit your case. We pride ourselves on giving strong and reliable legal representation in every opportunity presented.  

Lack of Knowledge 

One of the main defenses your attorney might use is arguing that you had no knowledge of the illegal material. This defense asserts that: 

• You were unaware that the material was on your device. 

• Someone else had access to your device and placed the illegal material without your knowledge. 

• The files were downloaded inadvertently through bulk downloading or during a data transfer. 

Lack of Intent 

Proving intent is crucial in child pornography cases. Your attorney may argue that: 

• You did not intentionally seek or download the material. 

• Any possession was unintentional and incidental. 

• The material was received unknowingly through email or deceptive online tactics. 

Mistaken Identity 

In some situations, it might be possible that you were not the actual person responsible for the crime. Your attorney might highlight: 

• The possibility that someone used your internet connection without your knowledge. 

• The existence of hacking or identity theft that led to illegal material being present. 

• The likelihood of mixed-up databases or errors in IP address tracking. 

Illegal Search and Seizure 

The Fourth Amendment protects against unlawful searches and seizures. If your rights were violated, the evidence might be inadmissible. Your attorney will investigate: 

• Whether the search warrant was valid and properly executed. 

• If there was probable cause to search your property. 

• Whether any evidence was obtained without a warrant or beyond the scope of the warrant. 

Coercion or Entrapment 

In some cases, law enforcement might engage in actions that constitute entrapment. Your attorney might argue that: 

• You were coerced or tricked into committing a crime you otherwise would not have engaged in. 

• Law enforcement officials induced you to download or distribute illegal material. 

• Undercover officers acted in a way that led you to commit the crime against your will. 

Evidence Contestation 

Your legal team may challenge the validity and handling of the evidence itself. This can include: 

• Questioning the authenticity and integrity of digital evidence. 

• Highlighting issues with how data was stored, forensically analyzed, or presented. 

• Demonstrating that the evidence could have been tampered with or corrupted. 

Statutory Defenses 

There may also be specific statutory defenses available under state and federal law. Your attorney might explore: 

• Arguing that the material does not meet the legal definition of child pornography. 

• Demonstrating that the depicted individual was not a minor or the visual depiction was not sexually explicit. 

• Showing that the charges do not apply under certain exceptions or definitions in the law. 

FAQ Regarding Child Pornography 

1. What should I do if I am accused of child pornography? 

First and foremost, remain calm and do not make any statements to law enforcement without consulting an attorney. Contact a defense attorney experienced in handling child pornography cases as soon as possible to ensure your rights are protected and to begin preparing your defense. 

2. Can child pornography charges be dropped? 

Yes, charges can be dropped if your attorney can present a compelling defense or if there are procedural errors in how evidence was gathered. Factors such as lack of knowledge, lack of intent, mistaken identity, illegal search and seizure, and entrapment can significantly impact the outcome. 

3. How serious are child pornography charges? 

Child pornography charges are very serious and can lead to severe consequences, including lengthy prison sentences, mandatory registration as a sex offender, and lasting social stigma. It is critical to seek experienced legal representation to navigate these charges effectively. 

4. What if the illegal material was found on a shared device? 

If the illegal material was discovered on a shared device, your attorney can argue that you were not aware of its presence or that someone else had access to the device. Evidence showing multiple users can complicate the prosecution's case against you. 

5. Can my internet activity be used against me? 

Yes, internet activity can be used as evidence in a child pornography case. However, your attorney can challenge how this evidence was obtained and whether it accurately reflects your actions. Issues such as IP address confusion, hacking, or identity theft could play a role in your defense. 

6. Is there any way to avoid a prison sentence if convicted? 

While a prison sentence is often a consequence of a conviction, there may be alternatives or options for reduced sentencing depending on your case's specifics. Your attorney can advocate for mitigating factors, treatment programs, or plea deals that might offer lesser penalties. 

7. How long does a child pornography case take to resolve? 

The time it takes to resolve a child pornography case can vary widely based on the complexity of the case, the court's schedule, and the strategies employed by your legal team. From investigation and evidence gathering to court appearances and potential trial, the process can take several months to over a year. 

8. Will my case be public knowledge? 

Court proceedings are typically public, which means that details of the case could become known to the public. However, your attorney can work to manage the release of information and seek ways to protect your privacy as much as possible throughout the process. 

Turn to Aggressive Legal Representation  

If you are facing child pornography charges, you need to have a skilled and experienced defense lawyer by your side. At Defend Ocala, we understand the seriousness of these charges and are dedicated to providing you with the strongest possible defense. Schedule a free consultation today to discuss your case and understand your legal options. We help those charged in Ocala, Florida, and throughout Marion and Lake Counties, including Clermont, Leesburg, Tavares, and Eustis.