Pittsburgh Child Pornography Lawyer

Potential Defenses Against Child Pornography

Being arrested for child pornography can feel like the end of the road. It is understandable to feel like you have already lost. However, that is not the case. An arrest is not the end but the beginning of what may be a long and difficult legal battle ahead of you. Lean on your constitutional rights and work on building a defense that relies on facts. Never forget that you are innocent until proven guilty. Here are some potential defenses your lawyer may want to use for your case:

• False accusations. Unfortunately, false accusations happen all the time and destroy innocent lives in many different ways. There are people who may use accusations of rape, assault, and even child pornography possession in an effort to destroy someone’s life, shatter their reputation, and label them a sex offender. Their motive may be unclear, but you need to gather evidence that refutes the claim.

• Illegal search. It is important to keep in mind that the Fourth Amendment protects American citizens from illegal search and seizure. To search your home, vehicle, or person, law enforcement must obtain a legal search warrant or have probable cause of a crime currently being committed. If they have neither and search your property anyway, any evidence obtained in that search may be rendered inadmissible.

• Content misclassification. Not all explicit material is illegal. The images you have in your possession, regardless of how you obtained them, may not be considered child pornography as defined by state or federal law. If you can prove the individuals in the images are of legal age, that can be enough to get the charges dismissed. 

• Educational or scientific use. Materials intended for educational or scientific use may be exempt from child pornography laws. This can include any material being used as academic research on the social or psychological impact of child pornography or as evidence in a legal case. Your lawyer can help determine if this defense would be useful. 

FAQs

Should I Hire a Criminal Defense Lawyer?

Yes, you should absolutely hire a Pittsburgh criminal defense lawyer if you are facing charges involving child pornography. If you attempt to move forward with your case without the help of an experienced defense lawyer, you could face the maximum penalties. You should reach out to a defense lawyer who has experience handling cases similar to your own.

What Is the Child Obscenity Act?

The Child Protection and Obscenity Enforcement Act of 1988, known as the Child Obscenity Act, was designed to protect minors under 18 years old from sexual exploitation. While general rules criminalize the possession, distribution, and transportation of child pornography, this act established rules for producers of pornographic books, films, and magazines to keep proof-of-age records for every model.

Can You Get in Trouble for Googling Illegal Things?

No, you cannot get in trouble for simply googling illegal things. However, if that Google search leads to downloading illicit files or establishing intent for a larger crime, the search can be used as evidence against you in court. Sometimes, Googling certain illegal things can raise red flags during a criminal case and could even trigger a larger criminal investigation into your activities. Searches may be used to show premeditation.

Can the Police See My Browser History in Pennsylvania?

Yes, the police can access your browser history in Pennsylvania, but only if they go through the typical legal channels to obtain a search warrant. If the police seize your phone, computer, or tablet, they can use forensic tools to pull up your browser history, but they can’t legally do that without first getting a warrant. They can also get a court order to compel your internet provider to give up records of websites you have visited.

Hire a Pittsburgh, PA Child Pornography Lawyer

At Levenson Law Firm, we can analyze the evidence, build a strategically prepared defense, and safeguard your rights. Contact us today to speak to an effective attorney who can help.