Sex crimes involving children are among the most serious offenses in DeKalb County. A conviction for child pornography, for example, could result in a lengthy prison sentence and sex offender registration, among other penalties that could affect the rest of your life.
Consulting a talented attorney with experience defending individuals accused of collecting pornographic images and videos of minors could fully prepare you to meet these charges. If you want to build the strongest defense possible, a DeKalb County child pornography lawyer could help.
According to Title 16, Chapter 12, Part 2, Section 100 of the Official Georgia Code Annotated, it is illegal to knowingly “possess or control” any materials featuring children or parts of children’s bodies engaged in sexually-explicit activities. Materials include online files, photographs, printed images, and videos. Any other online materials involving the sexual exploitation of children are also considered unlawful to possess. A range of actions could incur these charges, including:
Each of these offenses could result in severe consequences, but an experienced child pornography lawyer in DeKalb County could tailor a defense strategy to the specific circumstances of a person’s case.
Possessing, distributing, or engaging with pornographic materials concerning minors is a federal offense, so the penalties surrounding this crime are severe. The nature of the charge factors into the conviction, as does the criminal history of the defendant. Prison time for a conviction subsequently ranges between five and 20 years. It can also result in a maximum fine of $100,000, or both the fine and the prison term. A convicted person may also be required to register as a sex offender, which can affect their ability to obtain a residence or employment
Some child porn cases result in misdemeanor charges. According to O.C.G.A. § 16-12-100(f)(3), the accused individual is guilty of a misdemeanor if they were 18 years old or younger and the depicted minor was at least 14 years old at the time of the material’s creation. The defendant must not have distributed the material to anyone else for personal or commercial purposes.
In addition to the underage/lack of distribution defense, a DeKalb County attorney could build a defense against child pornography charges by noting that the defendant was unaware of the files on their computer. Both file sharing and websites that allow automatic cache file downloads provide viable defenses. If the defendant was unaware that they possessed pornographic materials featuring minors, the charge will likely get overturned on the basis of a lack of knowledge. The same defense applies to defendants who accidentally download or find an inappropriate file on their computer and thought they deleted it but did not.
If you have been accused of possessing or distributing illegal images or videos of minors, reach out to a DeKalb County child pornography lawyer. A conviction for this crime can follow you for the rest of your life, so this allegation should not be taken lightly. Call today to schedule a consultation with a skilled attorney and start working to minimize the consequences of your charges.