13th Nov 2015
Individuals who are found to be in possession of videos, digital images, hard-copy images or other images of minor children engaged in a sexually explicit activity may face serious criminal charges. A criminal defense attorney in Miami Dade can explain that these may be pursued as state or federal crimes. A criminal defense attorney in Miami Dade can explain that conviction of pornography charges can result in a long prison sentence and lifetime supervision.
A criminal defense attorney will want to gather as much information about the charge and investigation in order to draw up a proper defense. A defense often consists of challenging the legal definitions included under the relevant criminal statutes. Pornography charges usually require that the defendant be aware of possessing the material and that the person being depicted was under the age of 18. Additionally, the image must be one of sexual conduct, which is defined as actual or simulated sexual intercourse, bestiality, certain forms of abuse, masturbation, lewd exhibition of the genitals or physical contact with private areas of the body with the intent to arouse or gratify the defendant or the victim sexually. In typical pornographic cases, each individual picture or image of the minor constitutes a separate charge. The defense may focus on arguing against any of the legal elements above.
Another defense is in response to sting operations by law enforcement. Law enforcement officers must follow strict rules concerning such operations and the procurement of any search warrants. If rules were not strictly followed and the defendant’s constitutional rights were violated, a criminal defense attorney may be able to have the evidence thrown out and the charges dismissed.