Edgett Law Firm | August 10, 2020 | Sex Crimes
Possession of child pornography is one of the most serious sex crime charges in Texas and in other states across the country. Not only are state penalties punishable by long prison sentences, costly fines, and sex offender registration, but child pornography can also lead to federal charges.
If you or a loved one has been accused of possession of child pornography, even mere allegations can have a devastating impact on your life and reputation. But with the help of an experienced criminal defense attorney, there may be several legal defenses that are available to get your entire case dismissed or your charges or penalties reduced.
The following are some of the most common defenses to possession of child pornography include:
Not in possession – A common defense is to state that the illicit material does not belong to you. Common situations include finding content on a shared network (e.g. a work computer), purchasing a pre-owned computer with such content still on it, or being the victim of a disgruntled person (e.g. current or former spouse or romantic partner, co-worker or employee, etc.) who downloaded the material on your computer and then accused you of possession.
Accidental possession – Whether you clicked on an unknown link or accidentally typed the wrong word into the address bar of an internet browser, unintentionally coming into possession of child pornography may still lead to criminal charges. However, a lawyer can show the court that you immediately exited the specific website upon the realization of the content.
Not child pornography – Child pornography is defined as an image, video, or otherwise any depiction of naked children or children performing sexual acts. If the person or individuals in the material are adults (at least 18 years of age), then the content is not considered child pornography. On the other hand, if the material serves an educational, scientific, or religious purpose, then it is not child porn.
Illegal search and seizure – You have the Fourth Amendment right to be protected against unlawful search and seizure. So, if police obtained evidence against you illegally (i.e. obtaining materials from your computer without a warrant), your attorney may file a motion to suppress the evidence and have it dismissed in court.
Entrapment – If you were induced by law enforcement officials in a sting operation after being encouraged or persuaded to commit a crime that you would otherwise never have committed; the following arrest is considered unjust.
At the Edgett Law Firm, we are committed to fighting for people facing child pornography charges in Plano and the surrounding area. With more than 5,000 cases successfully handled, we are not afraid to take complex cases to trial in order to get the best possible outcome in our clients’ cases.