Olathe Child Pornography Defense Attorney
Possession • Production • Distribution • Transmission
Both state and federal laws prohibit the photographic or video depiction of any sexual or nude activity of any person under 18 years old. By law, persons under 18 are legally incapable of consenting to nude photography or videotaping. The irony is not lost on most criminal defense lawyers that the law deems an individual capable of voluntarily consenting to sexual intercourse at age 16, but incapable of consenting to visual depiction of that otherwise "lawful" act.
Johnson County Sex Crimes Lawyer
If you're under investigation or facing federal charges of child pornography, immediately contact me, Paul D. Cramm, Olathe child pornography defense attorney. Call my firm at 913-322-3265 to schedule a free consultation. There is simply too much at stake to face these charges without the advice of skilled and experienced criminal defense counsel.
Federal and State Child Pornography Penalties
If you are convicted of simple possession of child pornography at the federal level, you are facing a mandatory minimum sentence of 60 months. That's five years -- no probation, no parole and no supervised release. More severe penalties are reserved for those who produce, distribute, transmit, advertise, or profit from child pornography in any medium.
At the state level in Kansas, crimes involving child pornography are prosecuted under the more general charge of sexual exploitation of a minor, a severity level 5 felony offense with a broad guidelines sentence range of 31 to 136 months in custody, depending on your criminal history. For defendants with no criminal record, there is at least the possibility of probation at the state level. That's why it is so important to retain counsel to engage in meaningful negotiations with both the U.S. Attorney and the State District Attorney before a charging decision is made.
An Aggressive Johnson County Sex Crimes Lawyer Will Fight for You
A seasoned defense lawyer might be able to negotiate with the U.S. Attorney to consider relinquishing the case to the district attorney's office for prosecution at the state level, provided the U.S. Attorney is still at the "investigatory" phase of the case and has not yet secured a formal indictment against you.
Whether investigated or prosecuted at the state or federal Level, there are many issues an aggressive child pornography defense attorney should investigate thoroughly on your behalf:
- Do the images actually depict individuals under the age of 18? Many times, this issue is presumed or taken for granted by unwary or inexperienced defense lawyers.
- Are the images real, simulated or "Photoshopped?"
- Is there valid and admissible forensic evidence of the alleged images on your computer?
- Can the government prove that you personally used the computer to seek out and download the alleged images, or has your computer been available to others?
- Were the images downloaded from a "Wi-Fi" location or an unsecured wireless connection at your residence or place of business?
Free Consultation
If you need practical, resourceful and energetic representation on any state or federal criminal charge related to child pornography or for Internet solicitation of a minor, which is also a very serious charge, contact my office in the Kansas City area for a child pornography defense attorney.