Internet Child Pornography

With the widespread use of the Internet, both federal and state laws have created many new criminal laws designed to prevent improper behavior online. Many of these laws relate to the alleged sexual abuse or exploitation of kids online. For instance, the creation, use, possession, purchase, trade, sale or download of Internet child pornography has been made illegal under both federal law and state law.

Offenses related to Internet child pornography are taken very seriously. Under 18 USC § 2252 of the federal code, for example, a person who distributes or receives child pornography may be sentenced to between five and twenty years of incarceration. This means you will go to jail for at least five years if convicted of this offense. If you are convicted of manufacturing child pornography, on the other hand, you will face between 15 and 30 years of prison time under 18 USC § 2251. Possession, distribution or manufacture of child pornography may also subject you to felony charges in Pennsylvania.

Because of the long jail terms associated with Internet child pornography, it is very important to consider all possible defenses and do to everything possible to avoid conviction for child porn offenses. An experienced criminal defense lawyer can help. At the Pennsylvania criminal defense law firm of Lawrence R. Dworkin, we have successfully represented many clients in Internet child pornography cases, often getting charges dropped before a case gets to trial or helping clients to get acquitted. To learn more about how we can help you when you are facing Internet child pornography charges, contact us today.

Defenses to Internet Child Pornography

Although being accused of Internet child pornography can have devastating consequences, being accused does not necessarily mean that you will be convicted. In fact, there are many ways to defend yourself against a charge of Internet child pornography. Some possible options include:

• Lack of intent or awareness of the Internet child pornography. Sometimes, the pornographic images or videos may have been downloaded accidentally or as a result of a virus on your computer. If you did not intentionally download the pictures and did not know they were on your computer, you may be able to avoid conviction.
• Entrapment. If law enforcement involved you in a sting and enticed you into breaking the law, then you may be able to raise an entrapment defense to Internet child pornography charges.
• Mistaken identity. If someone else downloaded the Internet child pornography pictures or was using your computer, then you may be able to get the charges dropped or be acquitted of the charges on the basis of a mistaken identity defense.
• Violation of constitutional rights. Law enforcement may not search your home without probable cause and/or proper permission such as a search warrant. If you are the victim of an illegal search, any evidence collected against you—including evidence of possession of child pornography—can be kept out of court.

These are just a few examples of the different ways that you can fight charges for Internet child pornography. Remember, never speak to law enforcement or volunteer information before you have spoken to an attorney as you could accidentally do something to jeopardize your case.

To learn more about how we can help you, and for assistance in dealing with law enforcement and raising defenses to Internet child pornography charges, contact the Pennsylvania criminal defense law firm of Lawrence R. Dworkin today using our online form or via phone at 610-357-3506.