What’s the First Thing You Should Do If Accused of Possession of Illegal Pornography?

David Lindsey, Attorney at Law
possession of illegal pornography

Have you been accused of possession of illegal pornography? Here’s what to know.

Being accused of possession of illegal pornography is a frightening experience. If you’ve been accused of this crime, you must understand your legal rights and what the best course of action is for your particular situation.

You must contact a criminal defense attorney immediately if you’re accused of possession of illegal pornography. An experienced attorney will be able to advise you of your legal rights and help you develop a strong defense against the charges.

In some cases, it may be possible to have the charges dismissed or reduced if the prosecution cannot prove that you knowingly possessed the illegal material. However, you need a strong defense. Even those found guilty have alternatives to incarceration. These include probation or community service. An experienced criminal defense attorney will fight for the best possible outcome in your case.

When is Pornography Illegal?

One of the smartest things you can do to avoid accusations that you possess illegal porn is to understand what’s legal and illegal when it comes to this type of content.

Pornography may be illegal if it meets any of the following criteria:

It’s Obscene

Obscene material is material “appealing to the prurient interest” that is “patently offensive.”

For the courts to consider something obscene, it must also lack any literary, artistic, political, or scientific value. If convicted of distributing obscene material, an individual could face up to 5 years in prison.

It Involves Children

Child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years old). This includes photographs, videos, digital or computer-generated images, and even drawn or cartoon images.

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography. If convicted, an individual could face up to 20 years in prison for each image.

It Involves Revenge

Revenge porn is when someone distributes sexually explicit images or videos without the consent of the person depicted in the material. Federal law prohibits the distribution of revenge porn and carries a possible sentence of up to 5 years in prison.

It Involves Bestiality

Bestiality porn refers to sexual acts between humans and animals (including body parts). Federal law prohibits the creation and distribution of videos and photos containing bestiality content and carries a possible sentence of up to 7 years in prison if convicted.

It Includes Copyrighted Material

One of the reasons pornography can be illegal has nothing to do with sex.

Copyright infringement occurs when someone violates any one exclusive right granted to a copyright owner under federal copyright law. These exclusive rights include:

  • Reproduction
  • Distribution
  • Public performance
  • Public display

It Documents Illegal Activity

Voyeurism laws vary by state but generally prohibit anyone from secretly recording someone else’s nudity or sexual activity without their consent with the intent to view or disseminate the footage for sexual gratification or financial gain.

You must take swift and decisive action if you are accused of possession of illegal pornography. The first step is to consult with a criminal defense attorney who can help you understand your legal rights and options. With an experienced attorney on your side, you’ll have the best chance of achieving a positive outcome in your case.

Contact David Lindsey to discuss your legal situation with an expert.

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