Being accused of possessing or distributing images depicting child sexual exploitation—otherwise known as child pornography—could be terrifying. Apart from concern about the legal ramifications, the reactions of family, friends, coworkers, and neighbors could add to your distress.

If you were arrested, or even if you just suspect you are being investigated, contact a Frisco child pornography lawyer right away. These cases can be challenging but an experienced sex crimes attorney could offer an effective defense.

Legal Definition of Child Pornography

Under Texas Penal Code § 43.26, it is illegal to intentionally access, possess, or view images depicting a minor exposing private body parts, masturbating, or engaging in actual or simulated sexual activity. Obtaining a conviction under this statute requires a prosecutor to prove that the accused knew an image contained explicit images of a person under the age of 18 and intended to view the image with that knowledge.

Federal law defines child pornography more broadly as a visual depiction of someone under 18 engaged in sexually explicit conduct. Local law enforcement and the FBI often join forces to combat child sexual abuse, and someone accused of possessing child pornography might face charges in both the federal and state courts. An accused individual can benefit from having a Frisco child pornography lawyer on their side who has experience defending cases in both jurisdictions.

Technical Issues Could Provide Basis for Defense

Combatting child pornography has become the job of law enforcement officers with significant technical expertise. Many images that could be considered child pornography are bought or traded on the dark web, a portion of the Internet that is not accessible to search engines. The dark web contains sites and chat rooms where people interested in child pornography can communicate with each other and access images.

In many cases, law enforcement officers gain entry to these locations and engage with users. Sometimes, they track an image as it is sold or traded and trace it to the destination IP address. To secure a conviction in a child pornography case, the prosecutor must present this technical material in a way that convinces all the jurors that the defendant is undeniably the person who obtained the image and intentionally sought access to the material.

In appropriate cases, the defense could present experts in the dark web or computer forensics who could cast doubt on the material the prosecution presents. If a prosecutor knows they may have difficulty making this technical information understandable and believable, they could open plea negotiations, or even decline to go forward with a prosecution.

Other Child Pornography Defenses

Convincing a prosecutor to decline a case is often the best possible outcome. However, there are other effective defenses a Frisco child pornography lawyer might raise, such as:

Fact

The definition of child pornography requires that the images in question depict someone under the age of 18 at the time the image was created. If there is a question about the age of the individual in the image, a defense lawyer could assert that it is not child pornography but a legal image of an adult.

Intent

An essential element of any child pornography prosecution is proving the accused intended to view material they knew depicted sexual imagery involving persons under 18. Depending on the circumstances, an accused person could contend that they accidentally or unknowingly accessed the images in question and lacked an intention to view child pornography.

4th Amendment

An individual often learns they are suspected of child pornography when law enforcement officers arrive at their home or office with a search warrant to examine and seize their computers, phones, and other electronic devices. If the search warrant was defective, it could offer grounds for suppressing the evidence the officers obtained when executing the warrant.

Fight Back Against Your Charges with a Frisco Child Pornography Attorney

If you have been charged with a crime, you deserve a vigorous defense. That is the law in the United States.

At Barbieri Law Firm, our attorneys are dedicated to protecting your rights. You can count on a Frisco child pornography lawyer to use all available means to combat the charges against you. Schedule a consultation immediately upon learning authorities are investigating you on child pornography charges.

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