Across the State of Louisiana, law enforcement officers are cracking down harder than ever before on sex crimes, especially those involving human trafficking, rape, molestation, and child pornography. The increase in these specific crimes has made police and federal agencies focus time and effort on investigating these cases in the hopes of not only stopping them in their tracks but also preventing similar crimes from occurring in the future.
What do these increased levels of attention on sex crimes mean for those who have been accused of it? Many individuals in such a situation may be worried about the possible consequences they could face if their case is brought to court, but a great deal of these people are innocent and left wondering if it was legal for a police officer to search their computer for child pornography without a warrant.
Louisiana State Laws on Child Pornography
Many areas in the United States have strict guidelines against owning lewd media involving minors. The rulings in Louisiana for possessing pornography involving juveniles, distribution of pornography involving underage youth, or allowing minors to be photographed in lewd circumstances can vary depending on whether or not the individual being tried has previous convictions for the same charge. The punishment for this sex crime can include:
- First offense for possession of juvenile pornography: Fines up to $50,000, and a sentence ranging from 5–20 years with no parole, probation, or suspension of the sentence.
- Second offense for possession of juvenile pornography: Fines up to $75,000, and a sentence of up to 40 years with no parole, probation, or suspension of sentence.
- First offense of distributing or intent to distribute juvenile pornography: Fines up to $50,000, and a sentence ranging from 5–20 years with no parole, probation, or suspension of the sentence.
- First offense for a parent or guardian of a child who consents to the participation of that child in pornography: Fines up to $10,000, and a sentence ranging from 5–20 years with no parole, probation, or suspension of the sentence.
Law enforcement teams in Louisiana have begun to enforce the restriction of sex crimes more in recent years. Cases involving juvenile molestation, rape, or assault are being met with the utmost attention and immediate action, which is why some individuals end up falsely accused of possessing child pornography that they do not actually own.
Search Warrants for Sex Crimes in Louisiana
In order for an officer in Louisiana to receive a search warrant to investigate the private property of another citizen, they must go before a judge and petition for one by providing evidence of probable cause or reasonable suspicion that the individual in question may be harboring dangerous information on their computer.
In some circumstances, a police officer may be able to actively search your computer and internet history if you consent for them to do so. In many cases, cops will attempt to trick or convince a person to allow them access to their hardware. You may not even be the individual who grants them permission to access the information, as the law states that consent for search may be given by anyone who appears to have the authority in the place where the computer is kept, such as:
- Roommates
- Parents
- Family members
- Spouses or dating partners
- Coworkers
- Bosses
- HR managers
If a police officer were to search through your work computer for evidence of child pornography, they would first contact your employer for their permission. Once a member of law enforcement has access to your personal computer, they can look through your files and record anything they find if they feel it poses a potential risk to others, such as lewd photographs of minors and juveniles. If they feel that the piece of hardware is at risk for having the memory wiped and the evidence erased, they will often take it in with them to the station as a piece of evidence in your case.
There are some circumstances where an officer may illegally search a computer without consent or probable cause. If this occurs, a skilled attorney can help you navigate the complicated process of filing a case against them for unlawful search and seizure. Your attorney may be able to enact Penal Code 1538.5, which is a motion to suppress any evidence from that search being used against you in court.
Being falsely accused of a crime you did not commit, especially a heinous sex crime such as possession of pornographic media containing minors can turn your entire world upside down. Don’t go another day without getting the help you need from legal professionals who will fight for you and stay on your side.
Louisiana Sex Crime Attorneys Will Fight for Your Rights
In a court of law, you are considered innocent until proven guilty. The experienced legal team at John D. & Eric G. Johnson Law Firm has helped clients all over the state build a strong and successful defense for their case. Although fighting a serious claim in court can be confusing and overwhelming, our firm of trusted Louisiana lawyers is here to make the process stress-free and help you obtain the justice that you deserve.
You don’t have to fight the legal system alone, because the John D. & Eric G. Johnson Law Firm is here to help. To get started on your case, give us a call today at 318-377-1555 or contact us online to find out more information about scheduling your completely free case consultation with one of our experienced legal professionals.