Kansas Child Pornography Defense Attorney
Possession • Production • Distribution • Transmission
Just as Kansas law prohibits sexual activity with anyone under 16, 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 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.
If you're under investigation or facing federal charges of child pornography, contact me at my federal criminal defense law firm in Olathe, Kansas, immediately. There is simply too much at stake to face these charges without the advice of skilled and experienced criminal defense counsel. Call my firm toll free at 866-457-7549 for a free consultation.
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, 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 Person 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, if at all possible.
An Aggressive Attorney 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 a seasoned and aggressive Defense Lawyer 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. I'm sure many of us have been able to locate and log onto an unsecured wireless internet router to check our e-mail or surf the web. It is not at all uncommon for individuals seeking this type of material to literally troll through residential subdivisions in search of unsecured wireless routers in order to seek out and download these materials using an internet connection that cannot be traced to them.
These are but a few of the evidentiary issues which must be investigated thoroughly as part of an aggressive defense.
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.
