Defending Against Charges of Possessing or Distributing Child Pornography
Child pornography encompasses a range of criminal conduct under Pennsylvania and federal law. Prosecutions are typically the product of long, wide-ranging investigations that can result in multiple charges. Defending yourself against child pornography allegations demands having an attorney who is knowledgeable in state and federal law and is experienced practicing in courts at both levels.
Any of the following can lead to charges under Pennsylvania’s child pornography law:
- Intentionally viewing images or videos featuring children engaged in actual or simulated prohibited sexual acts
- Downloading such images or videos from the internet
- Distributing such images or videos
- Producing such images or videos yourself
Federal charges can also be involved because of how easily child pornography can be disseminated across state lines via the internet. Federal laws prohibit:
- Sexually exploiting children or transporting children in order to exploit them
- Distributing or receiving child pornography by computer or physical mail
- Producing, reproducing or selling child pornography
- Conspiring or attempting any of these acts, even if the act is never completed
If you are charged with any of these offenses, an experienced sex crime defense lawyer can conduct a thorough review of all the facts and circumstances of your case. Possible defenses that can be raised include:
- Illegal search and seizure — Police and federal agents may have violated your Fourth Amendment rights by fabricating probable cause to get a warrant or by searching computers or media devices that were outside the scope of the warrant.
- Unintentional viewing — Pennsylvania law specifies that it is not a crime to inadvertently or accidentally view child porn, as may happen when someone sends you a link that you click without knowledge of its illegality.
- Unintentional possession — Child porn could end up on your computer without you knowing it, by being downloaded by someone who borrowed your computer, by being placed there while you were on an unsecured network, or by being downloaded by another user.
- Wrongful accusations or entrapment — Someone in your life may have accused you of child pornography offenses. Or, police may have induced you to commit an offense you wouldn’t have committed otherwise.
At The Law Offices of David Jay Glassman, our experience in both federal and state court, plus our ability to handle the media attention associated with these cases, makes us a go-to law firm for those accused of child pornography crimes. We will advise you of all your options, including whether negotiating a plea deal would be advantageous in your case. To speak with an attorney, call 215-563-7100 24 hours a day or contact us online. Our Philadelphia office handles cases across the state.