What are Child Pornography Offenses?
Child pornography consists of obscene sexual depictions of children. These materials are illegal to possess, manufacture or distribute. Child pornography may consist of either still images or videos. These illegal pornographic materials depict children in the nude or engaging in sexual acts. Child pornography is banned under both state and federal laws. Child pornography is considered obscene and is not constitutionally protected by the First Amendment’s guarantees of free speech and expression. Studies show that child pornographic materials victimize children through both the manufacturing and creation of these materials, as well as to lure them in to scenarios of abuse by demonstrating and encouraging their participation in sexual acts. Society and the government share the compelling goal of protecting children, and thereby manning child pornographic materials.
There are very few defenses recognized by law for being charged with a child pornography offense. Some laws provide for mandatory minimum sentences for these offenses. Penalties may also be directly related to the quantity or volume of images or videos that an offender possesses.
The evolution of the internet has enabled to proliferation and sharing of child pornographic materials. Collectors or purveyors of these graphic images are able to network with one another online in order to share and exchange their pornographic materials. Because in modern society child pornographic materials are most often transferred or acquired via computer, forensic computer searches and search warrants are increased employed by law enforcement to search personal computers for evidence of these illicit materials.
Many of the people who are implicated in child pornography charges either suffer from some form of mental illness or were victims of physical or sexual abuse as children. Understanding mental illness, signs and symptoms, treatment options and the overall impact that such illnesses have on an individual is often integral to defending one charged with child pornography offenses.
Child pornography offenses are among the most egregious and prejudicial crimes known to the law. Convicted offenders can be sentenced to lengthy jail terms. Solely being charged with a Child Pornography Offense, even if not convicted, may have devastating consequences on your life. These include, but are not limited to, being ostracized or discriminated against in your local community; fired from your job and denied future employment opportunities; denial of housing; restrictions against visiting schools or being around children; and other adverse consequences. If you are charged with a Child Pornography Offense, you require expert criminal defense representation by an attorney who is well-versed in this highly sensitive area of the law in order to protect your rights and minimize the impact that being charged with such an offense may have on your life.
If you have been charged with a child pornography offense and need expert legal representation, contact the RI/MA defense attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.