Child Pornography Attorneys in Cleveland

Fighting for Your Best Interests

Under both federal and Ohio state law, child pornography charges carry severe consequences. Because child pornography offenses involve minors who cannot consent, judges and courts often seek the maximum penalties for these kinds of crimes. Any type of child pornography offense can change your life in drastic ways.

The internet has enabled more offenders to access child pornography than ever before. Because of this, law enforcement agencies monitor certain websites that have been known to produce child pornography. A simple mis-click or an accidental download could lead to years of prison time, fines, and becoming a registered sex offender.

If you are facing child pornography charges in Ohio, you need a child pornography lawyer on your side. Our team at HMW Law has decades of experience helping our clients defend themselves in child pornography cases. Working with an experienced criminal defense attorney will dramatically increase your chances of getting the outcome you deserve in your criminal case.

Please don’t feel like you must navigate these charges on your own. To receive a free consultation from our team, call today at 216-369-1352.

How Does the Law Define Child Pornography?

Child pornography is any visual depiction of minors under the age of 18 engaged in sexually explicit conduct or sexual activity. This can include actual sexual intercourse with other minors, simulated sexual intercourse with other minors, deviant sexual acts, and more. Sexually explicit conduct can also include actual or simulated sexual acts.

Juveniles under the age of 18 are considered minors when it comes to child pornography charges. Under Ohio child pornography laws, individuals can be charged with a criminal offense if they own or distribute material that is harmful to juveniles. This term refers to any material or performances that describe sexually explicit conduct or sexual intercourse.

Child pornography includes both photos and videos. Receiving, sharing, producing, and creating child pornography is illegal and will lead to criminal penalties. The federal definition of child pornography specifies that any images or videos created for the purpose of sexual stimulation can be classified as child pornography if the individual cannot be distinguished from an actual child.

What Are the Laws About Child Pornography?

Child pornography laws are very strict. Child pornography charges can be state or federal offenses. Generally, federal offenses carry more penalties than state charges do.

There are a few main charges you could face when arrested for a child pornography offense:

• Possession of child pornography: Possessing any kind of child pornography, including digital files or unprocessed film, is illegal.
• Distribution of child pornography: Individuals who distribute child pornography via the internet, mail, or any other means can be arrested and charged. State and federal law enforcement agencies work diligently to fight those distributing child pornography, which is why this charge can lead to severe consequences.
• Production of child pornography: Producing child pornography is the most serious child pornography offense you may be charged with. You may face additional charges depending on your relation to the child or children in question.
• Pandering sexually-oriented material: Pandering includes producing, selling, purchasing, or bringing child pornography into the state.
• Illegal use of a minor in material involving nudity: Nudity-oriented material can be classified as child pornography. Individuals can be charged if they create this material or allow their child to be used in this material.

Federal laws about child pornography offenses include:

• Production of content for importation into the United States: Producing sexually explicit content with a minor for the purposes of bringing it into the United States is a federal offense. This includes the production of material and bringing a minor into the United States for the purpose of creating such material.
• Receiving child pornography: Federal child pornography laws prohibit the receiving of child pornography via the mail, the internet, or any other means. When child pornography crosses state lines, it is often charged as a federal offense.

What Are the Potential Penalties for a Child Pornography Charge?

Child pornography encompasses the use of nudity-oriented material involving a minor and pandering obscene material involving a minor. Even if you were unaware that the person was under the age of 18, you could face severe penalties for a conviction.

Depending on the nature of your child pornography charge, a conviction could bring:

• Two to 8 years in prison if charged with a second-degree felony
• Six to 18 months in prison if charged with a fourth-degree felony
• $15,000 fine for a second and $5,000 for a fourth-degree felony
• Mandatory registration with state sexual offender registry
• Possible federal charges bringing 15 to 40 years in prison

The involvement of federal authorities can complicate your charges and greatly enhance your penalties if convicted. You need a robust defense from our Cleveland child pornography attorneys to avoid a conviction and preserve your freedom.

If you are charged in federal court, judges will likely use federal sentencing guidelines to determine the maximum sentence you will face. These guidelines examine the severity of your charge plus other factors to determine the maximum length of your sentence.

Below are the factors that can impact sentencing guidelines:

• Offense seriousness: The guidelines provide 43 levels of seriousness. The more serious the offense is, the higher the offense level is. This number is the starting point for the sentencing guidelines.
• Participation: Offenders who are minimal participants in the crime in question will have their offense level decreased by four levels.
• Vulnerability of the victim: If the offender knew that the victim was vulnerable due to age or mental condition, the offense level is increased by two levels. This is very common in child pornography cases.
• Obstruction of justice: If the offender attempts to obstruct justice, the offense is increased by two levels.
• Multiple counts: Offenders who are convicted of multiple charges will receive a combined offense level. This offense level significantly increases the maximum sentence.
• Criminal history: Offenders with a lengthy criminal history will receive further penalties, especially if the history involves convictions of the same nature as the current charge.

What Are the Collateral Consequences of a Conviction?

Unfortunately, prison time and fines aren’t the only consequences you could face after a child pornography conviction. Because child pornography crimes are considered so heinous, there are many other consequences you could face as a convicted offender.

Other consequences you could face include:

Loss of Custody or Visitation

If you have custody or co-custody over your children, a child pornography conviction could impact your ability to raise your kids. Not only that, but you could also lose visitation rights.

Sex Offender Registry

Child pornography crimes are considered sex crimes. If convicted, you will likely be required to become a registered sex offender. This registry is open to the public, meaning anyone in your community can read about your conviction and your offense. There are also rules and regulations you must follow as a registered sex offender that can impact your life negatively.

Lifestyle Challenges

Being a convicted offender will make it difficult to find a job or secure housing, as your conviction will appear on any background check run on you. Similarly, you may be unable to take a loan or apply for governmental assistance programs. Convicted felons also cannot run for office.

Strained Relationships

Being convicted of child pornography may impact your personal relationships within your community. Your friends and family members may not want to be around you, making it hard to maintain those relationships. Similarly, because your criminal record is open to the public, other members of your community may find out about your conviction, leading to further difficulties.

What Are the Possible Defenses of a Child Pornography Charge?

Developing a strong defense in a child pornography case is essential. A child pornography lawyer on our team will learn everything about your case and your criminal history before creating a personalized legal defense strategy that’s right for you.

Possible defense strategies in a child pornography case include:

Accidental Downloading

With so many pages on the internet these days, it’s easy to click on something you didn’t mean to accidentally. While an accidental download isn’t the strongest defense, if this is your only criminal charge and you have no prior convictions related to child pornography, our team can convince prosecutors or a judge that you had no intent to view illegal content.

Downloading by Others

Just because you own the device on which the content was downloaded doesn’t mean that you downloaded it. If your computer or phone were stolen or used by another person, our team can provide evidence that it was not you who committed the crime. This defense generally works well with PCs in a shared space.

Illegal Search and Seizure

Law enforcement officers must follow strict regulations when searching for and collecting evidence. If police officers violated your rights when collecting evidence against you, a child pornography defense attorney on our team could argue that the evidence against you should be suppressed. Suppression of evidence can disrupt an entire case, which may even lead to a dismissal.

Reasonable Belief of Age

If you were found in possession of child pornography but did not know that the individual was a minor, you could claim that you had no intent to view illegal content. You must be able to prove reasonable belief of age in this defense.

Lack of Evidence

The prosecution must collect enough evidence against you to prove guilt beyond a reasonable doubt. If the prosecution does not have this kind of evidence, our team can argue that you cannot be charged in court.

Entrapment

Occasionally, especially for federal child pornography charges, law enforcement officers will coerce offenders into engaging in or downloading illegal content. If you were involved in a situation where officers allowed you or encouraged you to engage in illegal behavior, our team could argue that no crime was actually committed.

Mental Illness

A history of mental illness could be used to explain illegal or illicit behavior. Offenders who have a history of mental illness or mental health struggles may be able to request leniency or a reduction in charges.

What Does a Criminal Defense Attorney Do?

Having legal representation is extremely important in child pornography cases. Because these charges are taken so seriously, even first-time offenders may face maximum penalties or sentences. If you are processed in federal court, it is even more important to have an experienced child pornography attorney fighting for your rights.

When you work with our team, we will take the following steps in your case:

• Gather evidence on your behalf. Various types of evidence can be used to build your defense case. Our team will spend time gathering solid evidence to present to prosecutors and before a judge.
• Investigate the case against you. The prosecution will have gathered their evidence to use against you. We will examine this evidence, looking for any mistakes or areas in which we can point out flaws.
• Negotiate with the prosecution. In some child pornography cases, getting a plea deal is the best way to reduce your charges or your penalties. Our defense attorneys will meet with the prosecutors to determine if a plea bargain is in your best interest.
• Represent you in court. Not all criminal cases go to trial. If yours does, our team will prepare diligently before presenting evidence in your defense to sway a jury or a judge.

While representing yourself or using an overworked public defender are always options, you are unlikely to get the best possible outcome unless you work with an experienced criminal defense attorney from our team. Because we have spent so much time working with clients in the Ohio area, we understand what it takes to win a criminal case and get your penalties reduced. For more information about our team and our services, contact our law firm today.

Should You Consult Our Legal Team Today?

Whether you are facing state or federal child pornography charges, your life could be upended in a variety of ways. A child pornography conviction could lead to imprisonment, expensive fines, becoming a registered sex offender, and more. Child pornography-related offenses are taken very seriously in the criminal justice system, and you need a team of defense attorneys to fight for your rights throughout your entire case.

At HMW Law, we understand how difficult it can be to face criminal charges, especially ones that carry such serious consequences. We are confident that with our decades of experience in criminal law, we can protect your rights and reduce or remove your charges to get you the best possible outcome in your case. For more information about our team and to receive a free consultation, contact us at 216-369-1352.