Society often shows no mercy to those who have been accused of
possessing child pornography. The social stigma and bias can be so pervasive that any judge who oversees
a case and any jury selected to hear it might have already set it in their
mind that the accuses is guilty. This is obviously an abuse of the criminal
justice system but, unfortunately, there is not much that can be done
to erase the biasness against the defendant.
Instead of hoping for leniency, someone who has been hit by child pornography
charges must take matters into their own hands and build a powerful defense
to stand behind. As unlikely as it might seem, given the intensity of
the prosecution in such cases, there actually are valid defense strategies
and options in child pornography cases.
Three defenses to child pornography cases include:
Unaware: The internet is a suspicious place, to say the least. Many people who end
up with child pornography or other illegal content on their computers
never knew it was there, for it was attached secretly to a download or
uploaded through a virus. If a person did not know the files were on their
computer, the prosecution will have a difficult time convincing the judge
and jury that penalties are appropriate.
Age unknown: Unless a minor in a pornographic video or image is clearly under the age
of consent or is stated to be under that age, it cannot be considered
child pornography. Many pornographic content may be advertised as featuring
only people of legal age, even though they are not; at that point, the
possessor of the content should not be held criminally accountable for
they had reason to believe the content was legally acceptable.
Unlawful search & seizure: In many cases, it is more important to uphold the Constitution than it
is to prosecute one individual person. If the child pornography was obtained
through an unwarranted search and seizure, the evidence may be inadmissible
in court, no matter how convincing it may be.
Have you been accused of possessing child pornography in Nevada? Las Vegas
Criminal Defense Attorney David Fischer can help you work on your defense
and protect your good name from slander and your future from imprisonment.
Learn more about our firm’s legal services today by calling
702.866.9864 and requesting a