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 free consultation.