Possession • Production • Distribution • Transmission Of Child Pornography
Both state and federal laws prohibit the possession of any photograph, video or visual depiction of any sexual or nude activity of any person under 18 years of age. By law, persons under 18 are legally incapable of consenting to nude photography or videotaping. Although the law in Kansas deems an individual capable of voluntarily consenting to sexual intercourse at age 16, that person is legally incapable of consenting to visual depiction of that otherwise “lawful” act. Any nude or sexually explicit visual depiction of a child under the age of 16 may likely satisfy the definition of Child Pornography at the State or Federal level.
Child Pornography Defense
If you are under investigation or facing charges of possessing or distributing child pornography in the Federal Courts of Kansas City, including the District of Kansas and the Western District of Missouri, contact me, Paul D. Cramm, at (913) 322-3265 to schedule a free consultation to discuss every facet of your case and all available defenses. Between lengthy presumptive prison sentences, mandatory registration on the National Sex Offender Registry, and the social stigma that even an unfounded accusation can have, there is simply too much at stake to face these charges without the advice of skilled and experienced criminal defense counsel.
Federal And State Penalties for Child Pornography
If you are convicted of simple possession at the federal level in the District of Kansas or the Western District of Missouri, you are facing a mandatory minimum sentence of 60 months (5 years) with no probation, no parole and no supervised release. Those who produce, distribute, transmit, advertise, or profit from child pornography face significantly worse penalties.
At the state level in Kansas, including the District Court of Johnson County in Olathe, crimes involving child pornography are prosecuted under the more general charge of Sexual Exploitation of a Minor, a severity level 5 felony offense with a broad guidelines sentence range of 31 to 136 months in custody, depending on your criminal history. (See my Kansas Sentencing Guidelines page for a more thorough explanation of how sentences at the State level are calculated) For defendants with no criminal record, there is at least a 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. A simple agreement to prosecute the case at the State level as opposed to the Federal level may be the difference between probation and a lengthy prison sentence in your case.
Contact Experienced Federal And State Child Pornography Lawyer To Fight For Your Rights
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 an aggressive child pornography defense attorney 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?
- Are there 4th Amendment Search and Seizure or Suppression of Evidence Issues in your case?
- Are there any issues with chain of custody or preservation of original evidence in your case?
- 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?
- “Art or Pornography?” Many jurisdictions have considered the works of Sally Mann, David Hamilton and Jock Sturges to be “art.” How similar are the images at issue in your case to those deemed to be “art”?
Effective Defense Often Requires Independent Forensic Examination
I have had the privilege of working extensively with Guardian Digital Forensics on my most serious Child Pornography cases. The expertise and thoroughness that the examiners at Guardian invest in every case is literally invaluable when the stakes are high. Handling a serious internet or computer contraband case without a forensic computer expert is no different than handling a homicide case without an independent forensic Medical Examiner. Yet inexperienced – and inexpensive – attorneys make this mistake again and again. The examiners at Guardian Digital Forensics appear regularly at the Heart of America Regional Computer Forensics Laboratory in Kansas City to conduct independent examinations of computer evidence in criminal cases. Guardian Digital Forensics examiners have extensive experience with HARCFL protocols and requirements. If there is a problem with the evidence in your case – from collection, to chain of custody, to preservation – the examiners at Guardian Digital Forensics will find it.
“The Importance of Aggressive Sex Related Criminal Defense”.
I defend clients facing serious felony charges in the Federal Courts of Kansas City, including the District of Kansas and the Western District of Missouri. I also defend clients charged with serious felony criminal offenses throughout the Greater Kansas City Metro Area and the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, Prairie Village and Shawnee. Call today for a free consultation: (913) 322-3265.
For further information related to Child Pornography cases, please visit the following pages:
- How Does Someone Know That They’re Being Investigated for a Child Pornography Case?
- How Can An Attorney Help You With Your Child Pornography Case?
- Polygraph Tests: Polygraph Examinations Are Inadmissible In Court
- How Long Does It Take To Resolve A Child Pornography Case?
- What You Should Look For When Retaining An Attorney For Child Pornography Cases?
- Client Family Involvement
- Preventing Accidental Possession