Ringgold Child Pornography Lawyer

In Georgia, child pornography’s definition includes a long list of behaviors, types of images, and manners in which visuals can be stored, displayed, and shared. This broad scope makes it is easy for people to become entangled in illegal activity. Ringgold child pornography lawyers understand the damaging effects these charges can have on your life—beyond the legal ramifications—and could fight to preserve your rights, future, and reputation. Reach out to a qualified sex offense attorney to discuss your situation.

Child Pornography Explained

Given the harm sexual exploitation causes children, the Official Code of Georgia Annotated goes into great detail, at Code Sections 16-12-80 and 16-12-100 through 16-12-100.2, identifying illegal behavior and establishing clear penalties for violators.

Activities that Equate to Child Porn Under the Law

The state outlaws a person’s knowing participation in the viewing, possession, sharing, furnishing, production, distribution, or transportation of obscene or sexually explicit images of children under the age of 18. The broad understanding of obscene and sexually explicit conduct, as defined in 16-12-80 and 16-12-100(a)(4), covers actual, portrayed, or staged sexual encounters. Additionally, any visual that is suggestive of such activity falls within the definition.

The law also requires individuals who become aware of such images to report the suspected child sexual exploitation to the Georgia Bureau of Investigation. Failure to do so puts that individual at risk of misdemeanor charges.

Punishments for Engaging in Child Pornography

With the exceptions of failure to report and some sexting violations, child pornography offenses are felonies. Those convicted may serve up to 20 years in prison and pay maximum fines of $100,000. O.C.G.A. § 17-10-6.2 allows judges to set mandatory minimum prison terms, eliminating the possibility of parole before completion of the threshold sentence. Transgressors may also have to sign-up with the state’s sexual offender registry as required by O.C.G.A. § 42-1-12.

The Right to a Defense

Authorities vigorously investigate and prosecute charges related to the sexual exploitation of minors. In response, defendants have the right to legal representation and present their side of the story. Defenses to these allegations may include:

• No criminal intent (i.e., defendant did not knowingly engage in the conduct)
• Inadvertent or mistaken possession
• Another party placed the material on the defendant’s device
• Unlawful searches and seizures

Knowledge and intent are central to both proving and disproving these charges. Ringgold attorneys who regularly handle child pornography cases may devise an aggressive defense strategy focused on these or other challenges to the state’s case.

The Legality of Teen Sexting

The exchanging of nude or sexually suggestive photos through text messages and social media has become commonplace. To the dismay of many parents, it has also become prevalent among teens. Many do not understand that this conduct may constitute child pornography under state law. However, misdemeanor, rather than felony, charges may apply under O.C.G.A. §§ 16-12-100(f)(3) and 16-12-100.1(d) if:

• The minor pictured is at least 14 years old
• The minor consented to the image’s creation
• The person charged was 18 or younger at the time of the visual’s creation

Further, the defendant must not have distributed the material to anyone else. If distribution occurred, the prosecution, defense, and judge must all agree that the conduct does not warrant felony charges because the accused did not plan to use the image to harass, humiliate, intimidate, or make a profit.

Teenagers make bad choices all the time. By hiring a Ringgold attorney versed in child sexual exploitation laws, they may be able to avoid the harshest of sentences for such blunders.

Call a Ringgold Child Pornography Attorney to Begin an Aggressive Defense

Child sexual exploitation charges can ruin your life in more ways than losing your freedom and paying a fine. The state has complex laws that it aggressively enforces. Retaining a seasoned Ringgold child pornography lawyer today may be your best chance to refute the allegations and preserve your future. Call today to schedule a consultation.