Internet Crime Demands An Expert Defense
If you’ve been accused of a crime, you need the best legal help you can find and you need it now. There is too much on the line to risk your freedom or money by not seeking a qualified criminal lawyer, DUI lawyer or felony lawyer right away.
Vast majorities of people use the internet nearly every day. Most of the time it is for good or legitimate purposes. Occasionally, people may run afoul of the law while using the internet. One area that can be a problem for some people is if they are accused of using the it to possess or distribute child pornography or to arrange to have sex with a minor.
If you find yourself in this situation, it is important to know what types of defenses your lawyer might use to defend you. This knowledge will help you communicate effectively with your lawyer and it will give you realistic expectations as to the possible outcomes of your case.
There are several possible defenses to a charge of child pornography. One is if the alleged images of child pornography are really illegal actionable child pornography or not. The definition of child pornography under federal law is a minor, under the age of 18 years, engaged in sexual activity or a minor posed in a lewd and lascivious exhibition of their genitals. This means that simple pictures of minors at say a nudist camp is not child pornography as long as they are not engaged in sex or displaying their genitals in a lewd or lascivious manner.
The age of the minor could also be challenged by your lawyer. Most times the actual identity of the minor in the alleged child pornography is not known. Thus, the government will bring out an expert such as a pediatrician to give an expert opinion as to the age of the minor.
If it is a borderline case, say someone appearing barely under 18 years old, then a jury might well decide that it has not been proven beyond a reasonable doubt that the child in the image is in fact a minor. Your lawyer may present his or her own expert to testify as to the age of the child, since the government’s witness cannot say for sure that the person is under 18.
Another defense your attorney might use is to cast doubt if you were the person who possessed or distributed the images of child pornography. The government probably is using records showing the IP, Internet Protocol, address of the computer of the person they are accusing. With hackers and malicious software programs such as Trojans, it is possible that someone else hacked into your home network and committed the crime. This is a possibility that your lawyer will want to raise in court.