What Are Possible Defenses to Possession of Child Pornography?

Whether you, or someone you are close with, are currently facing charges for child exploitation or possession of child pornography, you need to begin working on a defense with an attorney as quickly as possible. You may be wondering what defense strategies could be available to you, and whether any common defenses are likely to apply to your case. The best way to find the defense that is most likely to help you avoid a conviction is to work with an experienced Indianapolis defense attorney, and a lawyer at Rigney Law LLC can speak with you today. In the meantime, the following are key things to know about defenses to this particular offense under Indiana law.

Understanding the Offense 

To understand defense options, it is essential to understand the statutory elements of the crime you are facing. Child exploitation and possession of child pornography are crimes that can be charged under Indiana Code Section 35-42-4-4. These are separate offenses that can be charged under the same statute. There are a wide range of circumstances in which child exploitation can be charged, including the creation or dissemination of child pornography.

What are the elements of the offense of possession of child pornography? Under Indiana law, a person can face charges for this offense if the person:

• Knowingly or intentionally possesses or accesses an image
• With the intent to view it
• that depicts or describes one of the following forms of sexual conduct:
  • Involving a child under 18;
  • Involving a child under 18 or who appears to be under 18 if the image is obscene; or
  • Shows simulated sexual conduct involving a representation of a child under 18 if the image is obscene

Defenses to Possession of Child Pornography 

There are several statutory defenses that may apply to your case, as well as defenses based on the elements of the offense. The statutory defenses include the following:

• Person performed the elements of the offense within the scope of their employment as a school employee, department of child services employee, or attorney acting as counsel for a client; or
• Image was possessed or produced or disseminated through a wireless communication device, the person accused is not more than 4 years older than the person in the image, the possessor and person depicted were in a dating or personal relationship, the accused is under 22 years old, and there was consent in sending and receiving the image.

Other defenses may include, for example:

• You did not knowingly or intentionally possess the image;
• You did not intend to view the image; or
• Person depicted in the image was not under 18 or was not made to appear to be under 18.

Contact Our Indianapolis Sex Crime Defense Attorneys for Assistance 

If you are facing charges for child exploitation or possession of child pornography in Indiana, it is critical to seek legal advice and assistance with your defense as soon as possible. This is an extremely serious charge that can come with harsh consequences in the event of a conviction. Since the best defense in your case will depend on the facts of your case, you will want to begin working with an experienced Indianapolis sex crime defense lawyer at Rigney Law LLC to develop a tailored defense strategy. Contact us today to find out about your defense options and to begin working on your defense.

Source:

law.justia.com/codes/indiana/title-35/article-42/chapter-4/section-35-42-4-4/