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Colorado authorities aggressively pursue the creation, possession, or sale of child pornography. Anyone charged with these crimes can face incarceration, steep fines, and permanent damage to their reputation. If you find yourself in this position, a dedicated defense attorney could help your case against charges relating to underage explicit images.
The state must prove your guilt beyond a reasonable doubt, and they are not always able to meet this burden of proof. With the help of a Denver child pornography lawyer, you may be able to protect your reputation and your freedom.
State law prohibits anyone from creating, possessing, or distributing sexually explicit images or videos depicting a child. For the state to secure a conviction for this offense, it must prove certain elements.
Most of these elements relate to the media in question. It can be either photos or video depicting sexually exploitative material, including subjects who are either nude or involved in various sex acts. A critical component of the offense is that the subject was under the age of 18 at the time.
Criminal charges are appropriate for merely possessing this kind of child-exploitative material. However, more serious crimes involve creating the images or videos, as well as distributing them to other people. The distribution does not have to involve any exchange of money or items of value.
Each of these cases is serious. Depending on the circumstances, a conviction can lead to anywhere from one to 12 years in prison and a fine of up to $750,000. There are other consequences as well, including mandatory treatment and registration as a sex offender. These penalties are significant, but a child pornography attorney in Denver could help protect your rights and potentially avoid a conviction.
There are different ways for an attorney in Denver to approach a child pornography charge.
Prosecutors must prove their case beyond a reasonable doubt, and some defense attorneys focus on the inability of the prosecution to do so at trial. Instead of developing alternate theories, they simply highlight how the state has not proven a crime occurred.
One of the most powerful defense strategies in this type of case involves the constitutional rights of the accused. Everyone has protection from illegal searches or seizures by the government. If this type of unlawful activity leads the police to find evidence of child pornography, it could be excluded from being used at trial.
In some cases, there may be questions about the identity of the subject of the photos or videos. It is up to the state to prove beyond a reasonable doubt that the subject is under the age of 18. This can be difficult in situations where the subjects are not identified, especially when they are not personally known to the accused.
Entrapment can be a difficult option for some people, as it involves admitting to the crime but claiming to be coerced or forced to commit it by law enforcement. This strategy relies on the idea that a person cannot have the intent to commit a crime if forced to do so.
If you have been accused of possession of explicit underage material, the outcome of your criminal case could dramatically alter the course of your life. You have an option to fight back against these charges, and having the right lawyer on your side could secure the outcome you deserve. Instead of pleading guilty, discuss your options with a Denver child pornography lawyer today.