The possession of child pornography, an offense that falls under the sexual exploitation of minors, is one of the more serious criminal offenses a person can face. The Commonwealth takes these offenses very seriously, and possession of child pornography comes with some potentially severe penalties.
It is also a crime that can have a devastating impact on your life, even without a conviction. If people hear that you are charged with possessing, distributing, or creating child sexual abuse materials, they may not care if you get convicted. It can lead to job loss, divorce, and impact your ability to see your children. If you are facing these criminal allegations, you need an aggressive Erlanger child pornography lawyer to help you fight the charges. Call today to speak with a skilled criminal defense attorney at Busald Funk Zevely about your case.
Sexual Exploitation of Minors
Kentucky Revised Statutes § 531.300 defines the sexual exploitation of minors. The laws address everything from creating, distributing, or possessing child sexual abuse materials.
Kentucky Revised Statutes § 531.335 address the possession of these materials. A person is guilty of an offense if they possess or view material that portrays the sexual performance of a minor. The law does not extend to accidental or incidental viewing of child sexual abuse materials. To be guilty, a person must know that the material contains the sexual abuse of a minor. The material has to contain actual sexual performances by minors. It is not sexual abuse material if a person who is not a minor is portraying a minor in the materials. Additionally, the viewing has to be deliberate, purposeful, and voluntary.
Additionally, some instances of viewing child pornography are not illegal. People viewing the material as part of a law enforcement investigation, criminal litigation, or civil litigation are not committing a crime. Likewise, school officials or the child’s parents or guardians who view the material in the course of investigating an allegation related to the creation, distribution, or possession of child sex abuse materials are not breaking the law.
The degree of the felony depends on the age of the child in the performance. It is a Class D felony to view material with any performer under the age of 18 at the time of the performance. If the child is under the age of 12, it becomes a Class C felony. The law requires the person in possession to know the age of the minor.
In addition to state laws, federal laws often apply to these charges. Child pornography is primarily distributed via the internet, which means it crosses state lines. An Erlanger child pornography attorney is prepared to challenge both state and federal charges.
Defenses to Child Pornography Charges
A person who inadvertently comes across child sexual abuse materials is unlikely to get charged with possession of child pornography because it is too difficult to prove intent. For example, someone who is sent an image of child sexual abuse without soliciting that image is not intentionally viewing the image.
Another defense is that the person in the video is not actually a child or that they are not under the age of 12. One of the most challenging things for prosecutors to do is track down the children in child sexual abuse materials. Without identifying the people in the materials, it can be difficult to prove their age. The state retains the burden of proving the age of the people in the videos and that the defendant intended to view images of minors.
Other defenses rely on the Fourth Amendment, which protects people from unreasonable searches and seizures. If a child pornography defense lawyer in Erlanger uncovers any irregularities in the collection of evidence, it may not be admissible in court.
Get Help From an Erlanger Child Pornography Attorney
If you are facing charges related to the possession, creation, or distribution of child pornography, the stakes are very high. At the lowest, you are looking at a Class D felony, and the charges could be much higher, depending on the circumstances. Get the help of an Erlanger child pornography lawyer at Busald Funk Zevely who will use every legal defense to help you reach the best possible outcome.