For child pornography State and Federal laws can be applied depending on the nature of the offense, which is why it is important to have attorneys that can present a strong criminal defense in Will County. Child pornography is generally defined as any type of photo or video depicting the sex acts of individuals under the age of 18. The issue of child pornography has come to the forefront due to wider awareness and greater concern from the general public. The MacNeil Firm has the experience to protect your rights. Call (708) 218-0947 today for a free consultation.
What Types Of Child Pornography Cases Do You Typically See?
I’ve seen and represented people charged in almost every type of child pornography case. Our firm has successfully provided criminal defense in Will County for individuals charged with simple possession of child pornography, distribution, or manufacturing child pornography.
What Is The Difference Between Child Pornography State and Federal Law?
There are a few factors that are involved in whether a child pornography case would be charged at the state level or the federal level. If a federal agency is investigating the case, they will charge the case as a federal offense. If a state agency is investigating the case, most of the time it will be charged as a state case. Our lawyers are experienced with criminal defense in Will County and will do what we can to protect your rights.
It’s not required to happen that way, however, and I’ve had many cases where it was a federal agency that investigated the case, but they decided to charge it as a state case. I’ve also seen instances where state and local law enforcement investigated the case and it ended up being charged as a federal crime. Federal offenses will generally carry more severe sentencing then state cases.
United States Code Section 2256 of Title 18Â defines child pornography as any manner of visual depiction, including film, video, photograph, computer, or computer generated image, made by mechanical, visual, or another mean, of sexually explicit conduct, where:
- The production of the depiction involves a person under the age of 18 engaging in sexually explicit conduct;
- Such visual depiction is a computer or digital image, or computer-generated image, that is indistinguishable from that of a person under 18 engaging in sexually explicit conduct; or
- The visual depiction has been created, modified, or adapted to appear that an individual under the age of 18 is engaged in sexually explicit conduct.
Sexually explicit conduct is defined broadly and can include actual sexual intercourse, as well as lascivious exhibitions of the genital region of a minor. Accordingly, a picture of a naked minor may constitute child pornography if it is sufficiently suggestive. Further, the state age of consent is irrelevant to the federal statute. Any depiction of a minor under 18 engaging in sexually explicit conduct is illegal on the federal level.
What Type Of Evidence Is Required To Make An Arrest In A Child Pornography Case?
In the electronic age, almost child pornography cases deal with electronic media. Most of the evidence that we see is in electronic form and found on computers. We generally see pornography cases where it’s alleged that videos and images have been traded and sold in chat rooms, peer to peer networks, and through other electronic means. For child pornography state and federal law, there is a lot of nuance to the law and how you could be charged, so it is important to have a qualified legal team on your side.
What Defenses Are Available In A Child Pornography Case?
There are a variety of defenses available in a child pornography case, including that you accidentally clicked on something, a virus-infected your computer, and this image was projected onto your screen. The victim’s age could also be a defense. If the individual portrayed in the video or image actually is over the age of 18, that is a very viable defense.
We will make sure we evaluate all the evidence and circumstances surrounding your case. We will provide the best criminal defense in Will County that is possible. Contact us today for a free consultation.
