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Understanding Federal Child Pornography Laws

We are different from other law firms. We successfully defend many clients against child pornography charges. It is one of our specialties. Give us a quick call at (800) 459-2500 and speak with an attorney who can help you solve your problem, as we did with the two clients shown here:

“Knowingly” The way I like to describe “knowing” is that it is applied like in any other contraband case. For example, if someone handed you a baggie and said it was sugar you are not guilty just because the powder was actually cocaine.    

Likewise, if you were not looking for minors but a “service” (includes file sharing and others) delivered them, you can work for a defense of accidental downloading. 

Making out an accidental downloading defense includes:

  1. Using a defense forensic computer expert to do anindependent analysis of your computer's hard drive.An expert will not testify to something that is not there. But if it is, do not ignore it.
  2. Your attorney needs to know how to work with the computer forensic expert and should know (as should you if it applies to your case) not just about name and content spoofing (Faking content) but also about things like the importance of “created, modified, accessed and deleted" tags as well as associated logs and .lnk files.

“Sexually Explicit Conduct” in Child Pornography Cases

First, we again point out that consideration of this complex issue is not helpful if the content possessed contains a multitude of pictures and videos that are clear sex with a child. 

The actual list from the statutory definition of “sexually explicit conduct” includes:

  1. Intercourse;
  2. Copulation;
  3. Masturbation;
  4. S&M;
  5. Lascivious Depiction**This is the category of images that are potentially defensible on the “Sexual Conduct Factor” which is discussed here

If you are facing potential child pornography charges, it is critical that you use a legal defense team with specific experience and expertise dealing with crimes against children. Call us at any time at (800) 459-2500 for a free, confidential initial consultation. Early intervention is critical to obtaining the best results.

The Criminal Defense Group

Our unique firm philosophy makes this powerful defense force available for the first time. If you or someone you know has been or may be accused of a crime, we encourage you to call now for a free consultation. Early intervention is the key to our mutual success.

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We understand that you have a choice of who you select to defend you in court. Discover why The Criminal Defense Group is the right choice. Call now for a free consultation at (800) 209-4331.