Child pornography charges are severe, and those convicted can face lifelong consequences. Even without a conviction, a child pornography charge can permanently damage your reputation. If you are facing a child pornography charge, it is imperative to seek out the help of a highly-qualified attorney as soon as possible. Your attorney can help you craft a solid criminal defense and may even be able to reduce the charges and penalties you face.
Common Defenses against Child Pornography Charges
If you have been charged with possessing, distributing, or producing child pornography, all hope is not lost. Your attorney will meet with you to determine the best possible defense for your situation. Below are some common defense strategies.
An unintentional possession defense could be raised if you did not mean to have child porn in your possession or it did not belong to you. Due to these circumstances, you may not have even known about its existence. If the device containing the child pornography is shared or could have been accessed without your knowledge, someone else could be responsible for downloading it. Another possible scenario is that it was downloaded accidentally by clicking on a strange link or connecting to an unsecured network.
It Was Not Child Porn
For content to be considered child pornography, it must meet specific state and federal definitions. In Louisiana, if the persons depicted are under the age of 17, the content is child pornography. Another possible defense is that the content in question did not depict juveniles. If this is the case, the content cannot be considered child pornography.
Illegal Search and Seizure
In some cases, the defense can argue that the child pornography was obtained by police illegally. This can happen during an unlawful search of your home, which is usually a result of the police failing to get a warrant for the search. If evidence is obtained illegally, your attorney can argue that it is inadmissible and cannot be used against you.
Another defense involving police misconduct, entrapment, is when the police encourage you to commit a crime you would not have otherwise. It is possible that officers induced you to purchase child pornography that was not clearly labeled as such and arrested you as a result. This can happen during child pornography sting operations to catch predators.
A psychological addiction defense may come into play if you claim to be addicted to child pornography. While this defense is rarely a winning one, it may help reduce your sentence in the face of conviction.
Contact an Experienced Louisiana Criminal Defense Attorney
If you are currently facing a child pornography charge, you will need the help of an experienced and skilled criminal defense attorney. Attorney Johnson of the John D. & Eric G. Johnson Law Firm has over 25 years of experience crafting strong defenses in Louisiana. Attorney Johnson is committed to doing everything in his power to help his clients get their lives back. To set up a free consultation, fill out our contact form or call our office at (318) 377-1555 or today.