Few crimes are prosecuted as aggressively as sex crimes, especially those that are against children. Even an accusation associating you with child porn can do permanent damage to your reputation. If you or a loved one is facing child pornography charges, you need skilled legal representation to mount a strong defense.

At Crawford and Boyle, LLC, we work closely with our clients to devise personalized legal strategies targeted at accomplishing their objectives. We leverage over 50 years of combined legal experience to protect our clients’ rights and freedom. Contact our child pornography defense lawyers today for a confidential consultation.

What Is Child Pornography?

Child pornography is defined under O.C.G.A. § 16-12-100, Georgia’s sexual exploitation of children law, which prohibits actual or simulated sexually explicit conduct of a minor. This definition includes any of the following:

• Sexual intercourse
• Bestiality
• Masturbation
• Lewd exhibit of the genitals or public area of any person
• Flagellation or torture by or of a nude person
• Fettering, binding, or physically restraining a person who is nude
• Physical contact in an act of apparent sexual stimulation or gratification with any person’s unclothed genitals, pubic area, or buttocks, or with a female’s nude breasts
• Defecation or urination for the viewer’s sexual stimulation
• Sexual penetration by an object other than as part of a recognized medical procedure

Georgia’s Possession of Child Pornography Law

Under O.C.G.A. § 16-12-100(b)(8), it is illegal to knowingly possess or control any material that depicts a minor or a minor’s body in any of the above ways. This includes possessing or controlling any of the following prohibited materials:

• Film
• Photograph
• Negative
• Slide
• Magazine
• Other visual medium

When multiple visual mediums or materials are involved, each of these connected to a violation of the law constitutes a separate criminal offense.

Other Child Pornography Criminal Violations

In addition to possessing child pornography, other prohibited acts associated with child pornography include the following under Georgia’s sexual exploitation of children law:

• Knowingly employing, using, persuading, inducing, enticing, or coercing any minor to engage in or assist another person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting that conduct or creating a performance (which includes any play, dance, or exhibit to be shown to or viewed by an audience)
• Knowingly permitting a minor to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting that conduct or for creating a performance when the defendant is the minor’s parent, legal guardian, or person with custody or control of the minor
• Knowingly creating, reproducing, publishing, promoting, selling, distributing, giving, exhibiting, or possessing with the intent to sell or distribute any visual medium which depicts a minor or part of their body engaged in any sexually explicit conduct
• Knowingly advertising, selling, purchasing, bartering, or exchanging a medium that provides information about where a visual medium that depicts a minor or part of their body engaged in any sexually explicit conduct can be found or purchased
• Knowingly bringing in child pornography or causing it to be brought into Georgia

Under this broad definition, all aspects of the child pornography industry are illegalized, including marketing, advertising, producing, distributing, and possessing these materials.

Child Pornography and Computer Crimes

Child pornography crimes sometimes intersect with computer crimes. When someone’s computer use involves child porn, it makes it more likely that they will face multiple charges related to any of the following:

• Manufacturing or producing child pornography through computer means
• Possession on a laptop, tablet, phone, or flash drive
• Distributing child pornography through email or file sharing
• Downloading or uploading explicit materials depicting minors

Penalties for Child Pornography

Being found in possession of or otherwise involved with child pornography can result in serious consequences that impact every aspect of your life, including your freedom, your finances, and your reputation.

This crime is typically charged as a felony and can carry a prison sentence of five to twenty years, a fine of up to $100,000, or both. No fine is imposed if the defendant is an immediate family member of the victim. Additionally, a conviction means mandatory registration as a sex offender. Registration can affect where a person can live and work and possibly subject a registrant to harassment from community members.

Under Georgia law, the offense can be charged as a misdemeanor if the minor depicted was at least 14 years old when the visual medium was created, it was created with the minor’s permission, the defendant was 18 or younger, and either:

• The defendant did not distribute the visual medium to another person
• The defendant’s conduct involved the distribution of the visual medium to another person but not for the purpose of harassing, intimidating, or embarrassing the minor depicted or for any commercial purpose, the prosecuting attorney and defendant agree, and the court uses its discretion to charge the offense as a misdemeanor

Even if a person is charged with a state crime regarding child possession, this does not necessarily mean that you won’t face federal charges for a similar offense. Because the federal government has different jurisdiction, it does not count as double jeopardy for a person to face criminal charges based on similar facts on both the state and federal level. People tend to face federal charges when they are connected to a certain level of distribution, receipt, or possession of child pornography.

Possible Defenses to Child Pornography Charges

If you are being charged with possession of child pornography or other violations of the sexual exploitation of minors law in Georgia, you need a criminal defense attorney who understands the seriousness of these charges and can respond appropriately. An experienced attorney can examine the facts of your case and determine the legal strategy that will likely prove most effective. Depending on the circumstances, this could include defenses such as:

Lack of Knowledge

The child pornography law in Georgia is written as a specific intent crime. Each violation requires that you “knowingly” did certain things. The prosecutor bears the burden of proof that you committed each element of the offense, including that you knowingly committed the crime. They must have strong evidence to prove guilt beyond a reasonable doubt.

An experienced attorney can argue that the defendant did not knowingly possess the sexually explicit content. Sometimes, files are downloaded to a person’s computer without their knowledge, such as when they visit websites that download cache files. Someone you trusted could have shared files with you, and you did not even know that they sent an inappropriate file with the transfer. You could have even taken measures to delete the file so that you would not be considered in possession of it.

Showing that you were not knowingly in possession of sexually explicit content depicting a minor may require the use of computer forensic experts. These individuals have advanced technical skills and can analyze your computer and internet history to establish when the file was downloaded. They may be able to show that you were not physically present when this occurred or that you never interacted with the file, which can imply that you were unaware of its presence.

Artistic Creations

Sometimes, lawmakers take a staunch approach in these types of cases and jump to conclusions. Overzealous prosecutors have been known to prosecute people for having pictures of their children in bathtubs or sunbathing even when there was no sexual context depicted. An experienced lawyer can help determine if the visual mediums in question were actually artistic expressions and not child pornography.

Illegal Search and Seizure

Even when child pornography is suspected, police do not have the unfettered right to search your home or business without permission or legal justification. If a law enforcement officer conducted an illegal search, your lawyer can file a motion to suppress any evidence that resulted from that search, along with any other “poisonous fruit.” Without this evidence, the prosecution may not have sufficient evidence to continue its case against you.

Frame Jobs

Due to the negative social stigma associated with child pornography, people with a vendetta may try to frame others with these materials. They may use a flash drive or remote computer skills to download these materials on someone else’s computer and then “anonymously” report the situation to law enforcement. This could happen in cases involving ex-lovers or when a parent wants to gain an upper hand in a child custody case.

Your lawyer can conduct an independent investigation to determine which legal defenses to apply in your specific case.

Alternatives to Trial

At Crawford and Boyle, LLC, we understand that not every criminal defendant facing child pornography charges wants to go through the publicity and uncertainty of a trial. Our criminal defense lawyers can discuss your objectives and devise their legal strategy around achieving them. Alternatives to going to trial could include negotiating a favorable plea bargain with prosecutors that results in dropping or reducing some charges, arguing for alternative sentencing, or seeking an early dismissal through making appropriate legal challenges.

Contact Our Georgia Criminal Defense Lawyers for a Free Consultation Today

If you have been charged with a violation of the child pornography law in Georgia, the legal team at Crawford and Boyle, LLC knows how to approach the matter with care and sensitivity. We can sit down with you and listen to your story. At every phase of your case, you can count on our dedicated legal team to fight to protect your rights.

You can learn more about your legal options and how we can help during your initial consultation. We offer a free consultation for this purpose. Contact us today to get started.