Lawrence County Child Pornography Lawyer
Allegations involving the illegal possession, creation, or distribution of child pornography are among the most aggressively pursued under Lawrence County law. These allegations are felonies with some carrying potential life sentences.
Just an allegation of these offenses may tarnish a person’s reputation in their community. The sensational nature of these accusations can make a person’s life difficult and may turn the public opinion against them before the trial even begins.
A Lawrence County child pornography lawyer is dedicated to defending people accused of child pornography charges. A federal defense attorney’s goal is to protect both the individual’s freedom and reputation.
Federal Child Pornography Laws
The most basic child pornography charge concerns its illegal possession. Simply obtaining this material is illegal, much like drugs or certain weapons. With rare exceptions made for medical or scientific purposes, Alabama Code 13A-12-192 states that it is illegal to possess any depiction of a person under the age of 17 in any sort of sexual situation, including simple nudity.
A violation is a Class C felony. This means these charges may result in a mandatory jail sentence of at least one year plus one day and may stretch to ten years. Additionally, the individual may face fines of up to $15,000.
More serious are allegations that a person possesses child pornography with the intent to distribute it. Police can infer intent from the possession of three or more copies of the same depiction. According to Alabama Code 13A-12-192, this is a class B felony. Punishments here carry a mandatory jail term from two years up to a maximum of 20. The fines also increase to $30,000. Similarly, the actual distribution of this material is also a Class B felony.
Finally, the creation of this material, either as a video or picture, is a class A felony under Alabama Code 13A-12-197. As a Class A felony, the mandatory minimum sentence is ten years in jail and the maximum sentence can be life in prison. The judge may also attach fines of up to $60,000, all making it imperative to consult with a Lawrence County child pornography attorney as soon as possible.
Building a Defense
A key legal term concerning child pornography is possession. While possession may seem like a simple concept, in the legal arena it carries a specific definition. To possess something, a person needs to know that they have it and exert control over it.
In some child pornography cases, as a Lawrence County child pornography lawyer can explain, a person may be an unwitting holder of these items. With most child pornography distribution happening over the internet, traffickers often use viruses and malware to hack into innocent peoples’ computers to store and transfer their items. Since the computer’s owner did not know about the contraband and had no control over it, they can argue they never possessed the items.
As with all other charges, the state must legally obtain all the evidence they present. A powerful defense in these cases can involve the illegal search of a person’s house or illegal seizure of their property. For the police to search private property, they must obtain a warrant.
Talk to a Lawrence County Child Pornography Attorney Today
Allegations involving child pornography could change a person’s life. Even before the case reaches court, a person’s reputation may suffer. It is important that people facing these charges obtain competent representation. A Lawrence County child pornography attorney understands the need for both a powerful defense and discretion during these difficult times.
The consequences for even the simple possession of child pornography can be severe and life-changing. Do not take any unnecessary risks; contact a Lawrence County child pornography lawyer today to see how they can help.