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Defense of Child Pornography Charges
Child pornography is a serious crime that is illegal under federal and North Carolina state law. It is a form of child sexual exploitation and is defined by federal law as any visual depiction of sexually explicit conduct involving a minor (a person under 18 years old).
Federal law prohibits the production, reception, distribution, importation, or possession of these obscene images. The images can include photographs, videos, digital or computer-generated images indistinguishable from an actual minor, images created to depict an actual minor, and undeveloped film, videotape, and electronically stored data.
While most people think of child pornography as the distribution or creation of these images, delivery, receipt, and possession, whether tangible or via an electronic device, are charged just as seriously and carry a minimum of five years in prison under federal law.
The Rise of Internet Child Pornography
Child pornography is the most common and most dangerous cybercrime occurring worldwide today. Unfortunately, with the growth of the Internet and increasing personal access to cell phones and laptops, child pornography is on the rise. These images are traded on the Internet around the clock at lightspeed, and the Internet’s ease of distribution enables individuals to distribute these materials quickly.
Child Pornography Investigation
With the rise of these cases, law enforcement is cracking down and becoming more technologically sophisticated. It is increasingly common for a computer forensics expert to reside permanently at a police department . A typical child pornography investigation will begin with the police or FBI anonymously signing on to a P2P network to search for incriminating files. Once the FBI has identified suspected child pornography inside a user’s folder, it can track the user’s IP address, which is correlated with a physical location.
Many individuals do not even realize they are being investigated until law enforcement arrives at their place of residence with a search warrant. In most cases, law enforcement will seize your:
- Cell phones
- Other digital devices
- Electronic media
- Personal papers and documents
- Any evidence of illegal materials such as photos, videos, and magazines
Challenges for Law Enforcement
While federal and state justice systems are prosecuting an increasing number of people for Internet child pornography, law enforcement faces many challenges in these cases. Internet communication is often anonymous, and the offenses occur at high speeds, crossing many enforcement jurisdictions across the nation. The seller and buyer could be on opposite sides of the country or the world. As such, state, federal, and local law enforcement coordinate and work together in the enforcement of these crimes, making it extremely important to have an experienced criminal defense lawyer on your side.
Contact Us Today
Your future is at risk if you don’t work with a criminal defense team. Experienced attorneys are crucial to defending your case. Without a knowledgeable team, you face a higher risk of conviction, including years in prison and sex offender registration. Dysart Willis attorneys have extensive experience representing those charged with Internet child pornography. Learn more by calling 919-747-8380 or contacting us online to schedule an initial consultation.