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Some of the harshest criminal accusations a person may face are those alleging the ownership, distribution, or creation of child pornography. In all instances, simple possession is a felony, and a conviction will require a court to impose a sentence of no less than five years in prison. If the allegations involve importing child pornography or enticing a minor to participate in its creation, matters become even more severe under the law. Here, convictions will always be felonies that require a multiple-year prison sentence. Because accusations surrounding child pornography are taken very seriously in Georgia, any person facing such charges must take every possible step to protect themselves through a Griffin child pornography lawyer.
A seasoned defense attorney can work to explain the relevant laws and how they may apply in a specific case or situation. They can also help perform an independent investigation and identify defenses that could help a person’s prospects in court. Working with legal counsel could help to see a reduction in the charges or their outright dismissal. Contact the law offices of J. Ryan Brown today to start building your defense.
It is against the law to possess any material that depicts a person under the age of 18 in a sexual manner. Under the Official Code of Georgia Annotated § 16-12-100, this is a felony where a conviction requires a court to sentence a person to no less than five years in prison with a maximum term of 20 years.
To secure a conviction, a prosecutor must prove two things; that the defendant possessed the material, and that they possessed it “knowingly.” This means that a defendant may be able to argue that they did not know the material was of an underage person or that their computer was an unwilling carrier of these images. A Griffin attorney can help to contest the idea of knowledgeable child pornography possession to protect a defendant’s rights.
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The laws that prosecute and punish the possession or creation of child pornography are undoubtedly harsh. Fortunately, the law does provide a way for people to dispute their ownership of this material and help police officers to trace the source of these images.
Georgia’s child pornography statute provides a safe-harbor provision for those that come across child pornography and report that to law enforcement. As applied here, a person facing allegations involving child pornography may escape conviction if they can prove that they informed law enforcement upon suspicion that the material they were viewing constituted child pornography under the state’s definition.
A Griffin child pornography attorney can work to determine if this affirmative defense may be available under an individual’s unique circumstances.
The possession or production of child pornography is highly illegal in Georgia. Convictions often carry mandatory prison sentences and require the accused to register as a sex offender. Having even one instance of this material in one’s possession is a felony that requires a person’s utmost attention.
If you have been accused of possessing, distributing, or creating such materials, a Griffin child pornography lawyer is the call to make. An attorney can work with you to explain the law, perform an investigation into the incident, and develop strong defenses for use in court. Take a step towards protecting your future and reach out to J. Ryan Brown Law today.
