Posts Tagged ‘Child Pornography Defense Attorney’
Child Pornography on the Internet
Have You Been Charged with a Child Pornography Offense in State or Federal Court?
What is Child Pornography?
It may seem like a silly question, but the legal definition of child pornography is not as clear cut as many may think. For example, in order to be considered pornography, an image does not necessarily need to show a minor engaging in a sexual act, it is enough to show any sexually explicit image. This means that even a picture of a naked child may be sufficient to be considered pornographic if the picture is sexually suggestive.
Another common point of confusion is consent. Consent from a minor is no defense to a child pornography charge. This is because, as the law sees it, there is no way for a minor to give valid to consent to these types of sexually explicit acts. So, as long as the subject is under the age of 18, there can be no consent defense. Similarly, a lack of knowledge of the true age of a minor may or may not be a valid defense, depending on the facts of the case.
Punishments for Child Pornography in State and Federal Court
As is the case with most offenses, the punishments for possession, distribution, or manufacture of child pornography vary greatly based on the jurisdiction and specific facts of the case. Even a first-time offender convicted of possession of child pornography is facing a minimum sentence of between 5 and 25 years plus heavy fines.
In addition to a term of imprisonment, most people convicted of a state or federal sex offense will be required to register as a sex offender for the rest of their life. This means that, even if that person moves from one city or state to another, they will still be required to register in the new location. Failure to register may result in an additional serious felony charge.
Child Pornography Defense New Orleans
If you are facing a Sex Crime charge in Louisiana for Possession, Production, Distribution of Pornography Involving Juveniles, it is imperative that you speak with an experienced New Orleans Sex Crime Defense Attorney. American culture has created a witch hunt atmosphere for those accused of a sex crime; you will have to face hostile prosecutors and harsh public opinion. Elizabeth B. Carpenter Law is here to defend you and to protect your freedom. Ms. Carpenter has the experience necessary to effectuate skilled representation for those accused of Possession, Production, Distribution of Child Pornography. Contact us to schedule a consultation.
Supreme Court Agrees To Hear Case On Child Porn Victim Restitution
A few months ago, I reported that the 5th U.S. Circuit Court of Appeals ruled that a woman, was entitled to restitution from a Texas resident and a New Orleans resident , both of whom pleaded guilty in separate cases to possessing child pornography that included images of the woman.
At the end of the article that I posted, one of the attorneys for the defendants suggested that he would ask the Supreme Court to review the ruling.
Last Thursday, the Supreme Court agreed to hear the case. The legal question is how much are the defendants required to pay in restitution under the 1994 Mandatory Restitution for Sexual Exploitation of Children Act. The woman says that the defendant is liable for the full amount of her injury – such as counseling and loss of future income – while each defendant asserts that he should only be liable for his individual role. The woman has claimed $3.4 million in damages for this law suit alone.
Court papers indicate that more than 150 courts have awarded Amy restitution but these defendants are the only one to go before the Supreme Court.
Oral arguments and a decision are due in the court’s next term, which begins in October and ends in June 2014.
The case is Paroline v. United States, U.S. Supreme Court, 12-8561.