The stakes are high in any child pornography prosecution. Not only are the potential penalties for a conviction substantial, but simply facing an arrest for this charge could change your life forever. An experienced sex offense attorney could help anyone accused of this offense take the steps necessary to defend themselves in court.
If you are facing charges related to the possession of child pornography, it could be crucial that you speak with a local attorney right away. The state will not delay in building a case against you, and your attorney will need as much time as you can give them to prepare. The assistance of an Atlanta child pornography lawyer could give you the best chance of minimizing or dismissing your charges.
Child pornography offenses in Atlanta are governed by Official Code of Georgia Annotated § 16-12-100. This statute is also referred to as the Sexual Exploitation of Children Act, and dictates that it is a crime to knowingly control or possess material that depicts a minor engaging in sexually explicit conduct. The statute also outlaws creating, reproducing, promoting, selling, publishing, giving, or exhibiting this content. Additionally, possessing child pornography with the intent to distribute or sell it is illegal.
Child pornography laws apply to all recorded mediums. They could include still photos or videos. These forms of media could be digital or involve physical copies. A local attorney could advise anyone facing child pornography charges of what might fall under the definition of child pornography according to state law.
In the digital age, the majority of child pornography possession cases occur online. A variety of applications and peer-to-peer systems are used to exchange these images between users. Given the nature of the offense, the investigation into these crimes is generally very technical.
Often, child pornography allegations do not begin with law enforcement agencies. A number of online services, including Yahoo, Google, and Dropbox, actively scan for suspected child pornography. When they find something suspicious, they flag the Internet Protocol (IP) address and typically notify the National Center for Missing and Exploited Children (NCMEC). The NCMEC will then notify the appropriate law enforcement agency.
It is not unusual for police investigations to occur weeks or even months after an IP address was flagged, which can result in a significant amount of time passing before an arrest is ultimately made. This delay can work against the accused, as developing evidence related to months-old online activity can be difficult.
Given the challenges that come with this offense, it is important to select the right legal counsel. An experienced child pornography attorney in the area could have the resources to evaluate the investigation and ensure the police have not made a mistake in identifying the accused person
The prospect of a child pornography conviction can be overwhelming, as you will be subject to severe and long-lasting consequences if found guilty. To ensure your rights are protected, discuss your case with an attorney right away.
An Atlanta child pornography lawyer could have the necessary experience and skills to help you obtain a favorable outcome in your case. Call today to schedule a consultation and learn more about your options.
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