Possession of child pornography is a harshly punished sex crime. In addition to mandatory minimum prison sentences, a convicted person must register as a sex offender and participate in probation after serving their sentence. These charges can also severely impact a person’s employment and housing opportunities.
Defending against these allegations can be challenging without assistance from an attorney. A Norwich child pornography lawyer at Ruane Attorneys can protect your rights and tailor a defense to the specific circumstances.
How the Law Defines Child Pornography
Connecticut law defines child pornography as an image of someone under 16 engaging in sexually explicit conduct. Any simulated or actual sexual act or exposure of the genitals could be sexually explicit conduct in this context. In some cases, a Norwich attorney could defend against child pornography charges by arguing that the images do not depict prohibited sexually explicit conduct.
Connecticut General Statutes §53a-196d, -196e, and -196f describe the penalties for possessing child pornography. Having more than 50 images is a Class B felony, and anyone convicted of this charge must serve at least five years in prison. Possessing less than 50 but more than 20 images is a Class C felony with a mandatory minimum sentence of two years in prison. Possessing fewer than 20 images is a Class D felony with a mandatory one-year prison term.
Sexting Could Lead to Charges
If someone under 18 possesses a nude or sexual image of someone under 16, they could be charged with misdemeanor possession of child pornography. The sender of the image also could face charges under this statute. The crime is a Class A misdemeanor with a possible sentence of one year in jail. However, the juvenile court typically handles these cases. Minors facing misdemeanor child pornography charges should consult our Norwich lawyers on potential defense strategies.
Child Pornography Investigations in Norwich
Most child pornography images are transmitted over the internet as digital files. State and federal law enforcement agencies work with internet providers and social media platforms to identify people accessing or trading sexualized images of minors.
People often learn they are suspected of child pornography crimes when the police arrive at their door with a search warrant. The warrant will likely authorize the officers to seize any computers, tablets, cell phones, and other devices. Anyone under investigation for child pornography charges should contact a nearby attorney as soon as possible to protect their rights.
A warrant entitles the officers to enter and seize the listed items but does not entitle them to interrogate a suspect. Someone whose home is being searched should be cooperative but only answer questions directly relevant to the warrant. For example, if an officer asks if there is only one laptop on the premises, the suspect should answer honestly. If an officer asks what websites the individual likes to browse, they should decline to answer and ask to speak with a Norwich child pornography lawyer.
An Effective Defense Requires Technical Knowledge
Most evidence in child pornography cases consists of internet browsing histories and digital files downloaded from the internet. The charge’s severity depends on the number of images—if the file is a film or video, each frame counts as a separate image. Counting frames can be complex and often requires a computer forensic expert to confirm the image count.
If other people had access to the devices or computer networks in question, this could support a defense that the accused did not intentionally download the images. It is also easy to accidentally download a file without knowing its contents. Popups on many sites could lead a person to download an image without knowing it depicted minors. Files of sexual imagery often have misleading names that do not reveal that the subjects are children.
Computer data has its vulnerabilities. A Norwich child pornography attorney understands the limitations of this data and could challenge prosecutors to establish its accuracy.
Trust a Norwich Attorney to Defend a Child Pornography Charge
Facing child pornography charges is a stressful and potentially life-changing ordeal. You need a Norwich child pornography lawyer to protect your rights and raise effective defenses to the allegations.
Reach out to legal counsel as soon as you learn you are under investigation for criminal charges. Call Ruane Attorneys today to set up a consultation about your case.