Being charged with a child pornography violation can be intimidating. The help of an experienced lawyer is necessary to fight child pornography charges in court. Defending these cases requires a systematic and thorough approach.
It can be helpful to understand some of the defense strategies that attorneys use when representing those accused of child pornography activities. This understanding will prepare you to for court battles in the future.
1. Unintended Possession
One type of defense strategy that your lawyer may suggest is unintended possession. The world is becoming increasingly reliant on digital communications. A person can receive a pornographic image via email or text message. If these images are not solicited, an attorney could argue that possession of the images is unintended.
An unintended possession defense can also be used if an accidental click while browsing through a legitimate website resulted in the automatic download of child pornography to a user's computer. Evidence supporting a defendant's claim of ignorance must be presented for an unintended possession defense to be successful.
Another common defense against child pornography charges is non-possession. This defense is especially useful when illegal images and content are discovered on a shared device. If you share a computer with a coworker, family member, or roommate, your attorney can argue that the illegal images belong to that individual instead of belonging to you. Non-possession defenses don't dispute the presence of pornographic content; they merely challenge the ownership of that content.
3. Illegal Entrapment
An illegal entrapment defense doesn't attempt to argue innocence. Instead, an attorney will try to present evidence that shows the methods used by law enforcement to catch a person with child pornography were illegal.
Many defendants are captured during online stings run by the police. Your attorney will try to show that due diligence wasn't performed by the officers involved in the sting when presenting an illegal entrapment defense. Illegal entrapment defenses tend to be based more on procedural events than on whether or not a defendant possesses pornographic content.
Defending yourself against a child pornography charge can be daunting. You will need to partner with an attorney well-versed in the many defense strategies that can be used to fight a child pornography charge. Using an unintended possession, non-possession, or illegal entrapment defense will allow you to challenge your charges in court. For more insight, go to sites run by child pornography law services.