Have you always felt lust for underage girls and boys? Or did your pornography obsession turn dark? Child pornography addiction is more common than we think.
There are currently 1.3 million images online depicting sexual abuse against a minor, all available for free on the dark web.
Direct communication such as webcamming is also common, where children are sexually abused in real-time for a paying audience member to watch.
Are you a child pornography addict? It’s likely you’ll get caught – if not now, then later if you don’t give up your addiction. This is why you should be prepared for a child pornography investigation.
Continue reading and understand the child pornography charges.
What Is Child Pornography?
Child pornography is any medium depicting underage individuals in a sexual or sexually-related manner. This is usually expressed in images, videos, and direct communication such as webcamming.
Other less common examples include altering images of children to look sexual or distributing pornographic content from “barely legal” individuals (meaning those who are close to the age of 18).
There are a few exceptions. Anything considered artistic, literary, scientific, or political is not illegal. For example, diagrams of children’s genitalia are legal – as long as they’re drawings and not actual children.
It’s still safe to assume any depiction of child pornography is illegal.
In order to be convicted of child pornography, you need to come in contact with the media. This includes possession, distribution, or receiving.
But, law enforcement will also look at the intent. If you received child pornography and claimed you didn’t know what it was and don’t want it, you likely won’t be found guilty.
But if you have a large collection of child pornography, you’ll be convicted.
The Child Pornography Charges: The Punishment You May Face
Both possession and distribution of child pornography are prosecuted in the federal and state courts. While both have severe consequences, the punishments differ.
Possession
The degree of punishment you receive for possession of child pornography depends on how much was found in your possession because the courts charge for each piece of pornographic content they find.
Since most offenders are in possession of lots of child pornographic content, the average offender is charged between 10 and 100 different counts.
Overall, child pornography possession is a third-degree felony. This means you’ll be in prison for up to five years, will have five years of probation, and a $5,000 fine.
In addition, you’ll be lawfully required to establish yourself as a sex offender.
Distribution
Distributing child pornography has even tougher laws. Distribution of child pornography can be several different things, but distribution usually falls in two categories:
- Sharing or sending child pornography
- Selling child pornography
Those who distribute child pornography look at spending 30 years in prison with hefty fines.
Those who distribute child pornography will face prosecution under state and federal law. Those who distribute child pornography also have to register as a sex offender.
How Cases Are Conducted
The FBI is smart. They usually find the child pornography first and trace whoever views or downloads it. They may also find those who distribute child pornography.
In many cases, FBI agents lay traps for child porn addicts. This usually comprises of a website, an ad placed online, or a fake webcam chat.
Once they have a search warrant and can access your files, they will look for any counts of child pornography.
Setting Up a Defense
Whether you possessed or distributed child pornography, you face some serious legal consequences. Fortunately, a criminal lawyer can help you make a compelling defense.
The biggest strength you have is intent. If your counts are few, such as under five, you could claim viewing child pornography was accidental. But claiming this argument is difficult for those with hundreds of counts.
What if there’s no way to prove your innocence? You can do what you can to decrease your sentence.
For example, what if you only looked at child pornography online? You can argue you accessed the content online and never downloaded anything, so it wasn’t technically in your possession. This could reduce your sentence.
If your case entails this, you can countersue. Let’s say law enforcement searched your home for child pornography without a search warrant. You can report that law enforcement came to your home without lawful permission.
Overall, a criminal attorney can take a look at your case and can develop the best argument.
What to Do During the Investigation
This is a stressful process, but you need to remember your rights. Here’s what to do during the investigation.
Find a Lawyer
You’ll want a skilled lawyer who can do what they can to lower or even diminish your charges. Find a lawyer who has a specialty in child pornography cases.
When you meet with your lawyer, make sure you give them all the necessary information about your case so they can develop a great defense.
Know Your Rights
Don’t do anything without the aid of your attorney.
You have the right to not speak to a police officer or an FBI agent. If they try and interrogate you, assert you refuse to say anything without your attorney. Your silence will improve your case.
Remove All Child Pornography
By the time the investigation starts, the FBI will probably confiscate a lot of your child pornography. But this doesn’t mean you should keep your files in the open.
Delete all files in your possession. This will help lower your possession charges.
Help Yourself
Aside from the legalities, child pornography addicts have a serious problem.
Pedophilia is considered a mental disorder. Many child pornography addicts also suffered sexual abuse or a traumatizing past. Speak to a therapist or visit a support group for pedophiles.
Do You Need a Lawyer for Your Child Pornography Case?
If you’re facing child pornography charges, make sure you have a strong legal team behind you. We are based in Houston, Texas. Contact us and see what we can do for you.
Request a Free Consultation with Criminal Defense Attorney Mario Madrid:
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