In some cases, the search itself is the crime.
The Internet in many ways has been the Wild West in the digital age. However, that distinction is beginning to change now that police departments nationwide have developed excellent methods of digital investigation regarding online behavior.
Chief among their missions is targeting child pornography crimes being committed in cyberspace. It is even more serious when they realize someone has communicated pornographic images of minors or facilitated an arrangement to meet someone for even potentially sexual relations. Even downloading a child pornography image or video is illegal, and communications that lead to interaction with minors could even be considered human trafficking to some degree.
Regardless of the material case facts in any illegal online behavior case, law enforcement authorities are serious about prosecuting these charges. This seriousness is apparent even when the evidence is borderline and defendants are caught in the middle of behavior regarding other possible defendants. It is always vital to have experienced legal representation when being charged with these types of illegal online crimes because the area of law causes considerable anger among both the police and the population in general.
Pornography and the First Amendment
One of the primary problems with child pornography cases is the fine line between being an adult and being a minor. Legal adulthood has generally varied from age 18 to 21 across the nation, which makes an adult who is 17 years of age still considered a minor. On their 18th birthday that status ends. While viewing pornographic images of an underage actor is not necessarily illegal, downloading or communicating the images is illegal.
Adults are not held to this strict standard per the decisions of the U.S. Supreme Court regarding First Amendment protections. Some states have actually discussed introducing legislation that decriminalizes this red line to a degree, but with little success. The real problem is usually when someone acts on any communication involving these images. This could easily enhance charge levels, which could make a borderline charge for any intermediary connection a serious criminal issue.
Child pornography images can even pop up on anyone’s browser with no request from the viewer, which could surely present a technicality that could become a very serious case component for an adult defendant. Proving intent is actually a requirement in most cases for successful prosecution, but child pornography charges can still be difficult when defending. Merely abstaining from viewing porn on the web is not always enough, and knowing the law in this area is important to everyone.
Defending a Child Pornography Charge
The serious nature of any child pornography charge is obvious because of the associated stigma as well as the possibility of a significant jail term. All defendants convicted of a charge on any level will be required to register as a sex offender, and all jurisdictional courts will keep a registry of where they live. Subsequent charges may be even worse, even when a case results in a conviction on borderline or frivolous charges.
The method of defending these charges can be different from a typical case, including the media attention that even an arrest on child pornography charges can generate. The court of public opinion can easily come in to play, and having the entire incident expunged following a case dismissal is as important as defending the charge with a criminal defense attorney who has handled pornography charges previously. Defenses are usually technical in nature and require a certain legal expertise.
