Last Updated on: 1st September 2023, 12:35 am
Child pornography is illegal. It is a form of sexual exploitation. Making, distributing, selling and exporting child pornography is a crime.
There are different types of child pornography. It can be a visual representation of a child taking part in a sexual activity. Encouraging, showing or describing the sexual activity of a minor is also classified as child pornography. Additionally, showing certain parts of a child’s body can also be considered child pornography.
Defenses Against Child Pornography
The Defendant Does Not Possess The Pornograpy
The defendant can say that the pornography does not belong to them. For example, the child pornography may be on a shared computer such as a work computer. They can also say that someone downloaded the pornography without their knowledge or consent. In some cases, a disgruntled employee, friend or spouse may download pornography on a person’s computer. This may be done in order to frame the defendant.
A child pornography lawyer can prove that you did not possess the pornography. They can even get the help of a computer forensic expert. The computer forensic expert can prove that there is no way that you could have downloaded the pornography on the computer.
The Content is Not Child Pornography
The content must meet the definition of child pornography. Child pornography is sexually explicit content that features children. In order to be classified as a child, the person must be under the age of 18. If the content does not have any children in it, then it cannot be considered child pornography.
There are also some types of content that are excluded from being classified as child pornography. For example, certain drawings and films may not be classified as child pornography. If a child’s body is shown for the purposes of education or science, then it may not be classified as child pornography.
Unintended Possession
The defendant can argue that they did not intend to distribute the pornography. For example, a person can argue that they received an email that had child pornography in it. They can also say that they stumbled on a website and accidentally downloaded child pornography from it.
Illegal Search
The defendant may not be innocent. However, they may still have a defense. They can argue that the law enforcement officer illegally obtained a warrant and searched them. They can also argue that searching a person’s computer or boxes went beyond the scope of what the officer was supposed to do.
Psychological Addiction
If a person is convicted of child pornography distribution or possession, then they may be able to use the psychological addiction defense. The charges probably will not be dismissed. However, a person may be able to get a lighter sentence.
Penalties for Child Pornography in Pennsylvania
Child pornography is considered a second-degree felony in Pennsylvania. If you are convicted of this crime, then you could spend up to 10 years in prison. However, the punishment that you get will depend on whether you have had any prior convictions.
State and federal law requires that you register as a sex offender.
Get Legal Help as Soon as Possible
If you are facing child pornography charges, then you will need to get legal help. They will help you understand all of the consequences of the crime. They can also help you understand the laws.
You have rights. Your attorney can help you come up with a defense strategy that will hold up in court. You do not have to let a crime ruin your life. If you hire an attorney, then you can get your charges dropped or reduced.