NEW JERSEY CRIMINAL LAWYERS

NJ Defenses to Federal Child Pornography Charges

Strategies to Fight Federal Child Pornography Charges and Protect Yourself
Being accused of a federal crime such as possession of child pornography is not only life-altering but also can lead to severe consequences. Sadly, many individuals charged end up accepting guilt due to the likelihood of conviction. However, if you are looking for ways out of this mess, the first and most crucial step is consulting with an expert attorney immediately. This article will delve into what a federal child pornography charge entails, defenses that can help beat such charges, and state punishments that convicted persons may face.
What Federal Child Pornography Involves
The prosecutor has to prove two primary elements beyond reasonable doubt before you can be found guilty of a federal child pornography charge:
– The defendant knowingly got their hands on illicit pictures featuring children.
– The image in question was transported through interstate commerce or created by things transported via interstate commerce.
Once these two elements are established beyond any doubt, conviction is highly likely.
Potential Defenses Against Child Pornography Accusations
Should you be accused of possessing child pornography at the federal level, your lawyer could pursue different defense strategies to fight against these charges effectively. Some possible defenses include:
Arguing That the Content Is Not Illegal:
This defense works if your attorney can convince the court that the images you had were not illegal in any way. For content to qualify as child pornography, it has to feature nude children or minors engaging in explicit sexual acts. Alternatively, your legal counsel could argue that the images were solely for educational or scientific purposes and did not contain prohibited depictions.
Attributing Possession To Unintentional Means:
Your lawyer may use this defense if there was no intention on your part to possess or obtain any pornographic material featuring children without adequate explanation for its presence. Perhaps you might argue that these images appeared accidentally due to pop-ups online while browsing legit sites relating to art forms featuring children.
Illegal Search And Seizure Of Alleged Evidence:
This defense is useful if the evidence presented against you was obtained illegally, which makes it inadmissible in court. Your legal counsel can persuade the court to disregard the evidence entirely due to unconstitutional search and seizure procedures by law enforcement.
Dependency On Child Pornography Due To Psychological Issues:
This defense strategy frequently comes into play when a defendant takes a guilty plea. If your legal representative can demonstrate that you have developed a psychological dependency on child pornography, they may suggest treatment options instead of incarceration as punishment.
Entrapment By Law Enforcement Officials:
This defense is employed when law enforcement officials use questionable strategies of forcing an individual to commit a crime they would not have committed otherwise. Your attorney could argue that you were duped into buying illicit pornographic material featuring minors without knowing its content in full or believing it wasn’t illegal.
Whereas some defenses could help defendants win their cases while fighting these charges, the reality is that obtaining an acquittal for federal child pornography crimes might be hard. Thus seeking competent counsel immediately from a Federal criminal attorney is essential to get the possible outcome for your case.
After A Conviction
A conviction for possessing any form of child pornography has significant consequences both on a state and federal level. If this is your first offense, your name will appear in your state’s sex offender registry for at least 15 years. However, if there are multiple convictions or victims involved, registration might go beyond 15 years (around 25) to even lifelong restrictions.
Convicted registered sex offenders tend to relocate every time they move and must reside far from schools, parks, daycare centers and avoid public places visited by children or minors. In certain instances relating to online viewing of prohibited pornographic material featuring children, some convicts may also lose internet access privileges altogether as part of their sentence conditions. Additionally, more penalties await those found guilty once convicted both federally and under state laws.
Table of Primary Elements in Federal Child Pornography Charges

Element
Description

Defendant
The accused individual charged with illegal possession.

Knowledgeable or Intentional Behavior
The defendant’s purposeful attempt to acquire and possess the illicit material.

Illicit Images, Videos or other Media Forms
All pornography-related content featuring minors explicitly or otherwise inappropriately exposed to sexual activity.

Child Pornography
Content characterized by obscene materials that kid sexual activity or a minor involved in such acts portrayed through nudity.

Inter-State Transportation
The image or media must have passed through interstate commerce roadways during creation or circulation

Wrap Up
Facing criminal charges for possessing child pornography can be daunting and life-changing. It can also trigger severe consequences at state and federal levels upon conviction. While some defense strategies might work to help defendants walk away from these crimes without any punishment, hiring a capable attorney is crucial for achieving the possible outcome in your favor. Contacting an expert Federal criminal attorney sooner rather than later is necessary when facing these allegations.