Crimes of a sexual nature tend to be treated more harshly by the authorities and the public, but crimes involving children are perhaps the most reviled. If you are charged with possession of child pornography, you should contact an attorney immediately, as you are unlikely to receive much sympathy, no matter how flimsy the evidence might be.

Possession of child pornography may be charged if the authorities discover pornographic materials depicting underage minors in your possession. This may include physical media, like photographs, tapes, or CDs, and digital media stored on your computer. Prison time may be significant, and you will likely have to register as a sex offender if convicted. To fight the charges, your attorney can determine if any evidence was seized illegally. In other cases, defendants had no idea about the illicit materials.

Call our child pornography possession defense lawyers with the Liberty Law Team at (215) 826-3314 to get a private, free case evaluation.

How Child Pornography Possession May Be Charged in Bucks County

Criminal charges related to the possession of child pornography may be charged based on whether this is the defendant’s first offense, and exactly what is depicted in the pornographic material.

Generally, a first offense for the possession of child pornography may be charged as a third-degree felony. A subsequent offense may be charged as a second-degree felony.

The grading of charges changes if the pornographic material in question depicts indecent contact with a child or depicts a child who is prepubescent or under the age of 10. In that case, charges are graded as one degree higher.

Possible Penalties for the Possession of Child Pornography

Charges for the possession of child pornography, or any charges related to child pornography, are often very harshly punished. If you are facing such charges, call an attorney for help immediately.

Incarceration

If convicted of possession of child pornography, a defendant may face many years behind bars. If you are convicted of a third-degree felony, as mentioned above, you may face up to 7 years in prison. For a second-degree felony, you may face up to 10 years in prison.

Sex Offender Registration

In Pennsylvania, under Megan’s Law, defendants convicted of certain sexual offenses must register as sex offenders. Charges for the possession of child pornography fall under Tier I Sexual Offenses, and convicted defendants must register for 15 years.

Fighting Charges for Child Pornography Possession in Bucks County

Although the case against you might feel insurmountable, you have every right to defend yourself with the help of a skilled and qualified lawyer.

Evidence of Age

To be charged with the possession of child pornography, the pornographic material in question must depict underage minors or children. If the pornographic material in your case does not actually depict children, inform your lawyer immediately. There may be confusion in cases where pornographic material depicts adults who happen to appear younger than their age.

Possession in Unknown to the Defendant

You must be aware that there is child pornography in your possession. It is not uncommon for people to find that someone they live with has been secretly keeping child pornography. In some cases, these people blame those they live with to avoid criminal charges and public humiliation.

Alternatively, child pornography might have been downloaded to your computer without your consent or knowledge by someone who has access to your computer. Our child pornography possession defense lawyers can argue that you were unaware of the charges and that they should be dropped.

The Materials Are Not Sexual

It is possible that the alleged pornography is not pornography at all. Photos or videos of children on the beach might show them in fewer clothes, but it is not inherently pornographic. It could simply be a family photo from a vacation. If the alleged pornographic material should not be considered pornographic, talk about it with your attorney immediately.

FAQs About Fighting Charges for Possession of Child Pornography in Bucks County

What Happens if I Am Arrested for Possession of Child Pornography?

If you are arrested, you will likely be taken to the police station for booking and questioning. Do not answer questions from the police about the alleged crime until you have a lawyer present.

What Are the Penalties for Possession of Child Pornography?

Penalties for child pornography possession are often severe and may include many years in jail and being required to register as a sex offender.

What Constitutes Child Pornography?

Child pornography includes materials depicting a child under 18 engaging in or simulating prohibited sexual acts. These materials may be physical or digital media.

How Does Possession of Child Pornography Happen?

In many cases, child pornography is acquired online, although physical media is also still exchanged.

What if I Did Not Know There Was Child Pornography in My Possession?

If you were unaware that there was child pornography on your computer, your attorney may help you refute the charges by arguing that you lacked the necessary intent. Defendants must be aware of the pornography in their possession to be convicted.

How Do I Fight Charges for Child Pornography Possession?

There are various methods for challenging these charges. Many cases hinge almost entirely on the results of a police search and seizure of your personal property. A common defense strategy is to challenge evidence that was seized unlawfully.

Can I Be Charged with Child Pornography Possession if I Thought the Victims Were Adults?

A genuine mistake as to the age of the subject of pornographic material may not be a defense for those charged with creating or recording a child engaging in sex acts. However, it may be a defense if you are charged only with possession.

How Do the Police Search for Child Pornography?

The police may thoroughly search your home, office, and especially your computer and other electronic devices when searching for evidence of child pornography.

Do I Have to Register as a Sex Offender if I am Convicted of Child Pornography Possession?

Generally, yes. Anyone convicted of possession of child pornography will need to register as a sex offender.

What Should I Do if I am Arrested for Child Pornography Possession?

If you are arrested, cooperate with the authorities and do not resist arrest. However, you should avoid answering questions from the police until you have a lawyer with you.

When Should I Call a Lawyer About Possible Charges for Child Pornography Possession?

Call a lawyer immediately if possible. If you are arrested, invoke your right to remain silent and to have a lawyer present during questioning as soon as possible.

Call Our Bucks County Child Pornography Possession Defense Lawyers Now

Call our child pornography possession defense lawyers with the Liberty Law Team at (215) 826-3314 to get a private, free case evaluation.