Fort Oglethorpe Child Pornography Lawyer

Offenses related to child pornography under U.S. and Georgia law have a broad reach. At either level, a conviction can bring a steep fine and a lengthy prison sentence. A conviction could also have adverse effects on a person’s reputation.

While prosecutors may pursue such cases diligently, child pornography laws do include exceptions and defenses with which a conviction may be curtailed. Someone facing such a charge at any level could learn about potential strategies for defending their rights by speaking with a Fort Oglethorpe child pornography lawyer. To get started on your case, get in touch with one of our skilled sex crimes attorneys today.

Laws Regarding Child Pornography Offenses

The state statute related to sexual exploitation of children is found in §16-12-100.2 of the Official Code of Georgia Annotated. This section lists several types of unlawful conduct including:

• Persuading a minor to engage in sexual activities to create a visual image of them or for performance purposes,
• A parent or guardian permitting a minor to engage in such activities for the same reasons, and;
• Making, distributing, possessing, or bringing into Georgia any visual image of a minor engaging in such activities.

Any violation qualifies as a felony punishable by a fine of up to $100,000 and imprisonment for five to 20 years, subject to modification under certain circumstances. Someone charged with any of these offenses in Fort Oglethorpe could receive useful advice by speaking with a child pornography attorney about how to construct a defense.

Relevant Federal Laws

The federal statute for the sexual exploitation of children prohibits causing a minor to participate in sexual activities so that a visual depiction of them may be produced or transporting a minor for such purposes via interstate or foreign commerce. The accused must have an awareness that the image will in some way move in interstate commerce.

The same statute also prohibits a parent or guardian from permitting their minor child to engage in such conduct. In this statute, the prosecution must show awareness on the part of the accused that the image produced will be transmitted via interstate or foreign commerce. Violating, attempting to violate, or conspiring to violate any of these offenses results in a fine as well as imprisonment for 15 to 30 years if no related prior conviction exists, imprisonment for 25 to 50 years if one related prior conviction exists, or imprisonment for 35 years to life if two or more related prior convictions exist.

A Fort Oglethorpe Child Pornography Attorney Could Help

Someone facing a charge related to child pornography should consider their defense strategy seriously. The law does not require for an acquittal that the person charged prove their innocence. It simply requires that the prosecution fail to prove the accused’s guilt beyond a reasonable doubt.

The connection to interstate or foreign commerce required for a conviction in such a case could be challenging to establish. If you face such a charge, seek information about this element of the crime and others from an informed source. Contact a Fort Oglethorpe child pornography lawyer to discuss any potential defenses or other legal options available in your case.