As per Louisiana law, it is illegal to produce, possess, or distribute any sexually explicit images or materials involving a minor. In the era of technology, child pornography has been extended to encompass sexting as well. If found guilty, this felony is punishable with penalties ranging from 5 to 40 years in prison. In the event, the victim is younger than 13 years, and the offender is older than 17 years, the penalties may double.
Child pornography charges aren’t something to be taken lightly. Being charged with child pornography is a challenging situation that involves severe legal and emotional complexities. A conviction can range from serving prison time, steep fines, or mandatory sex offender registration after serving time in prison. Additionally, there is a stigma associated with this criminal charge that may be extremely difficult to overcome, regardless of the court decision. If you or someone close to you has been arrested or charged with child pornography, contact a Louisiana criminal defense attorney for professional legal representation.
Understanding the Charge
When facing child pornography charges, it is essential to understand the severity and complexity of the charge. Child pornography is a serious crime that involves the possession, distribution, or production of illegal material depicting minors. The federal government and law enforcement agencies take these crimes very seriously, and the potential consequences can be devastating. An experienced criminal defense attorney can help you navigate the legal process and build a strong defense against child pornography charges. It is crucial to remain calm and proactive in addressing the situation, as the stakes are high, and the outcome can have a lasting impact on your life.
Your Rights and the Investigation
If you are under investigation for child pornography or facing child pornography charges, it is vital to understand your rights and the investigation process. Law enforcement agencies may use various methods to gather evidence, including search warrants, seizing electronic devices, and analyzing digital evidence. As a defendant, you have the right to remain silent and to have an attorney present during questioning. It is essential to exercise your Fourth Amendment rights and avoid making any statements that could be used against you. An experienced attorney can help you navigate the investigation and ensure that your rights are protected. Remember to repeat the two phrases, “I want an attorney” and “I want to remain silent,” to assert your rights.
3 Steps to Take Immediately If You Have Been Charged With Child Pornography
No criminal charges should be taken lightly, given how significant they are and how they may affect you now and in the future. Here is what to do if you’re facing child pornography charges in Louisiana. Taking proactive steps early on can significantly impact the outcome of your case.
Step 1: Know Child Pornography Laws in Louisiana
The federal and state government take criminal charges involving juveniles very seriously. Both state and federal law impose severe penalties for child pornography offenses. If convicted, you could be facing the following penalties:
- A fine of $50,000 and 5 to 20 years in jail with no probation, parole, or suspension of your sentence
- Between 10 and 40 years in prison if the child is a preteen and the offender is older than 17 years of age
- Under Megan’s Law, you will be required to register as a sex offender. The minimum registration period is 15 years
Federal sentencing guidelines distinguish between purchasing, producing, and distributing child pornography. Punishments are more severe if the child is under 13 years.
Possessing the status of a convicted sex offender comes with restrictions on where you can live and work, and your right to have a firearm. Additionally, this status may affect your relationships with family, friends, and community.
Any sexual image is enough to justify a charge of pornography involving a juvenile. The district attorney and the court system may consider the picture’s nature. However, it’s unlikely to get the case dismissed.
Step 2: Build a Strong Defense Against Child Pornography Charges
If you have been charged with child pornography, it’s important to build a solid defense against your charges. There are several common defenses that can be employed in child pornography cases, depending on the unique facts of each case. Sometimes, the defendant may not even have known they were in possession of the material. Some of these circumstances might be:
- They accidentally downloaded it as they were downloading a bulk of movies or other content at the same time
- The title downloaded was not indicative of child pornography
- An automated program or virus may have been placed on your computer without your knowledge
Deleting files after realizing that they contained child pornography is unlikely to help your case. Investigators use sophisticated techniques, and they can tell how many times a particular file was accessed. Not knowing the juvenile’s age is also not considered a valid defense.
Enlisting the help of a Bossier City criminal defense attorney is in your best interest. An experienced defense attorney understands they are taking up your case to defend your reputation with minimal exposure.
Step 3: Get a Favorable Outcome With the Help of an Attorney
An aggressive, seasoned, and knowledgeable criminal defense attorney is your best bet for a good outcome. A confidential consultation with an experienced attorney can provide essential guidance and help protect your rights. An excellent Louisiana criminal defense lawyer will guide you in understanding your legal options, investigating the facts that led to your arrest, hiring computer forensic experts and investigators, examining law enforcement personnel, and contesting your case professionally.
The Legal Process
The legal process for child pornography cases can be complex and intimidating. If you are facing child pornography charges, you will likely go through several stages, including the initial appearance, arraignment, pre-trial proceedings, trial, and sentencing. An experienced criminal defense attorney can guide you through each stage and help you build a strong defense. During the investigation, law enforcement agencies may gather evidence, including digital evidence, and present it to the prosecution. A skilled attorney can challenge the evidence, identify potential defenses, and work to achieve the best possible outcome. It is crucial to understand the legal process and to have a proactive approach to defending yourself against child pornography charges.
Digital Evidence Considerations
In child pornography cases, digital evidence plays a crucial role in the investigation and prosecution. Law enforcement agencies use sophisticated methods to track and analyze digital evidence, including IP addresses, internet histories, and deleted files. An experienced attorney can help you understand the digital evidence considerations and challenge the validity of the evidence. It is essential to remember that digital evidence is not always infallible, and there may be potential defenses, such as mistaken identity or insufficient evidence. A skilled attorney can work to identify and exploit weaknesses in the prosecution’s case, including challenging the search warrant, the seizure of electronic devices, and the analysis of digital evidence. By understanding the digital evidence considerations, you can build a strong defense and achieve a more favorable outcome in your child pornography case.
Talk With a Skilled Louisiana Criminal Defense Lawyer
If you’re in Louisiana, John D. & Eric G. Johnson Law Firm is one of the best places to get experienced criminal defense attorneys. Our attorneys are well-versed in handling child porn cases and can provide the legal representation you need. We have over 25 years of experience representing clients. Our defense lawyers are able to apply their knowledge of unique defenses and wealth of experience to your case. You can be assured that every resource will be exhausted in your defense preparation to get you the best possible outcome.
If you or someone close to you is facing child pornography charges, we understand the crippling amount of stress you must be under. Let our decades of experience work for you. Call our office at 318-377-1555 or schedule a free consultation now.