With the proliferation of the Internet, child pornography has become ubiquitous. We remember when this was a non-existent crime. Although it was always against the law to possess photos of children engaging in sex acts, the difficulty in obtaining such images made the crime rare. That has changed with the internet.
The problem with the internet is that it traps those who want to follow the law. The vast number of individuals who find child pornography on the internet have spent their entire lives avoiding the pull that they felt for children. Although they were programmed to be attracted to children because of events that transpired in their lives, they knew it was wrong and would never consider sex with a child.
The prosecution attempts to lump those who possess child pornography with anyone who has committed or attempted sex with a child. Statistics don’t bear out this bundling.
Federal Sentencing Guidelines
Possession of Child Pornography is a crime under State and Federal laws. The Federal sentencing guidelines are brutal. The determination of how long someone is likely to be sentenced to prison depends on the number of images they possessed. The problem with this formulation is that many file sharing applications where child pornography is obtained allows for rapid and volumetric downloading. A typical viewer of child pornography is not going to browse image by image. This viewer is ashamed of his actions, and is likely to download all of it and view it later. He may not look at the images or look at them sporadically. However, if they are on his computer they will be counted.
The Right Defense
A person charged with Child Pornography is facing a tough struggle. It may be that his computer was seized without consitutional permission and this must be challenged. It may be that he downloaded images in a zip file that contained child pornography and wasn’t aware. It may be that someone else had access to his computer. A family member may have placed images on his computer and he erased them, not knowing that law enforcement had the ability to retrieve them through forensic analysis. What is absolutely necessary is that the accused person have experienced and dedicated counsel who will fight to keep hiim from being convicted and required to register as a sex offender. Call us at Chernoff Law today. We will help you save your future.