PornographyMarch 13, 2013 10:46 pm
Pornography Defense Attorneys
With some exceptions, adult pornography is legal. Most pornography prosecutions involve child pornography and most of these involve digital images obtained or distributed online. These cases are often complicated to defend because much of the evidence is obtained through searches of computers and requires expert testimony to explain how, when, and by whom the images were obtained. In these cases, when multiple people share a computer or internet connection, legitimate questions can arise as to who is responsible.
Child pornography charges can arise from “sexting,” especially when done by middle school or high school students. Theoretically, if an underage student shares sexually explicit images of herself with classmates and the pictures get spread around the school all of the students could be prosecuted for child pornography.
Child pornography is defined in New Hampshire criminal law by RSA 649-A:3 as obtaining, possessing or creating any image of a child engaged in sexually explicit conduct. In order to prove a child pornography charge the prosecutor must prove that the pornography involved an actual child and not a digitally created images designed to look like a child, or an actor who appears to be a child but is actually an adult.
Child pornography cases are also often prosecuted federally and can involve mandatory minimum sentences (meaning the judge has no choice but to impose the mandatory sentence). For example under Federal criminal law a conviction for a first offense of receipt of child pornography carries a mandatory minimum of five years. Strangely possession of child pornography as opposed to receipt of it, does not carry a mandatory minimum sentence under Federal law.
If you or someone you love has been charged with possession of child pornography, don’t delay. You need the criminal defense lawyers of Cohen & Winters. Contact us for free consultation today.
This post was written by PaulStAmand