A man in Winchester was recently arrested on charges of child pornography including posing and exhibiting a child in sexual acts, photographing an unsuspecting nude person, and possession of child pornography. The man was subsequently arraigned in Woburn District Court. This recent case is just one part of a recent investigation by Winchester law enforcement and occurred after law enforcement executed a search warrant on the man’s home.
Sometimes, innocent individuals in Massachusetts end up facing child pornography charges and serious penalties if convicted. Fortunately, there are a number of strong defenses that can be raised in response to these charges. Because the exact defense that will work best for a case depends on a number of complex factors, it is often a wise idea to obtain the assistance of an experienced criminal defense attorney. The following are just some of the available defenses that can be raised in response to child pornography charges. Your criminal defense attorney can help you craft the defense that will be most effective in your case.
The Content was Not Pornographic in Nature
It is possible for material to be sexual in nature, but not pornographic. For example, material depicting child in a sexual pose might be merely erotic instead of pornography. A person cannot be convicted of child pornography for possessing content that is merely provocative or suggestive in nature and not actually pornographic.
The Evidence was the Result of an Unlawful Search or Seizure
The Fourth Amendment protects individuals from searches or seizures that are unreasonable in nature. If evidence was taken from your home as a result of an unlawful search or seizure, you likely can create a strong argument that your constitutional rights were violated and that the evidence cannot now be used as evidence against you.
The People Depicted in the Material are Over 18
There are some types of pornography that feature adults who only appear childlike. There is nothing illegal about this type of content. If the material does not depict any minors, then you likely have a strong defense that can be raised in response to a charge of child pornography.
You Did Not Intentionally Purchase the Materials
In some cases, receiving large amounts of lawful pornography online leads to a person also receiving illegal images or video without his or her knowledge. In other situations, computers can be hacked and child pornography might be downloaded without a person’s knowledge. In either of these situations, there is likely a strong defense that can be raised in response to these charges.
Speak with an Experienced Criminal Defense Lawyer
If you or a loved one has been charged with a child pornography offense, you should understand just how serious these charges can be. Being convicted of child pornography possession or another comparable offense can create numerous obstacles in a person’s life, including barriers to holding a professional license, continuing a career, and being respected by the community. Individuals who are charged with these crimes should not hesitate to obtain the assistance of an experienced attorney. Contact Attorney Edward Molari today to speak with a skilled criminal attorney who will remain committed to fighting for the results you deserve.