What is Possession of Child Pornography?
Possession of Child Pornography is the criminal act of possessing images or videos depicting in the nude or engaged in sexual conduct. Images may consist of actual photographs, animated drawings, sketches, or electronic images.
The law bars the possession of these images and videos regardless of location. There is no protection under the law for possessing child pornographic materials in the privacy of your home. It is illegal to have physical custody of control of these materials in any manner.
This includes physical hard images or photographs or those stored electronically such as on a computer, portable electronic storage device such as thumb drives and hard drives; removable memory cards; digital cameras; cellular telephones; or other device capable of storing digital image and video filed.
The law prohibits knowing Possession of Child Pornography. To sustain a Possession of Child Pornography charge, the government must establish that the offender knowingly possesses the illicit material.
With the advent of the internet and web-based technologies such as file sharing, file exchange and cloud storage services, it is possible for someone to unknowingly download child pornographic materials to a computer.
It is also possible for such illegal materials to find their way onto a computer via cookies, pop-ups, viruses and other hidden files transmitted onto a computer without the owner’s or user’s knowledge or intent.
If you believe you may be the victim of unknowingly having child pornography on your computer, you may wish to consult with an attorney who has the forensic computer resources to analyze your computer and all other devices connected to it to determine the presence or absence of these illegal materials.
Law enforcement authorities charged with investigating and prosecuting Child Pornography Offenses employ undercover agents on the internet and in internet chat groups to locate child pornography collectors and purveyors.
These undercover agents pose of individuals seeking to acquire, sell or trade child pornographic materials in order to ferret out those individuals who truly possess these illegal materials.
Law enforcement officials also apply for and use search warrants to seize personal possessions of suspected offenders, especially computer and other electronic media where child pornography can be stored and from which it can be transferred.
Penalties for the possession of child pornography
Penalties for the possession of child pornography are related to the quantity or volume of images and/or videos found within one’s possession. The more photos or images, the greater the sentence a court is likely to impose against a convicted offender.
Possession of child pornography case results
Charges: Possession of Child Pornography – Probation
Rhode Island State Police conducting online child exploitation investigations learned of an internet protocol (IP) address to a Lincoln home from which child pornographic videos and/or images were electronically transmitted. Police went to the home with a search warrant and discovered a family residing there. The son, a college student, admitted responsibility for downloading and emailing the child pornographic contest. As a result, he was arrested and eventually charged with possession of child pornography in Rhode Island Superior Court. The man (and his family) retained Rhode Island Sex Crime Defense Lawyer, John L. Calcagni III, to defend him in this matter. Attorney Calcagni sent his client to undergo a forensic psychological evaluation and risk assessment in order to determine if he posed a threat to children and risk for reoffending. The evaluation and assessment were favorable to the man. Attorney Calcagni used these materials, along with the man’s young age, work history, family support, business ownership and enrollment in college, to persuade the court and prosecutors to spare the man from jail. His efforts were successful. He ultimately negotiated a pretrial disposition for the man that called for his admission of responsibility to the charged offense in exchange for a suspended jail sentence with probation.
If you have been charged with possession of child pornography and need expert legal representation, contact the Rhode Island Child Pornography 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.