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Allegations involving the illegal possession, creation, or distribution of child pornography are among the most severe under state law. These allegations are universally charged as felonies, with some of them carrying a decades-long sentence upon conviction. However, even if a person manages to avoid a conviction, their reputation may still be tarnished in the community. The sensational nature of these accusations can make a person’s life difficult and may turn public opinion against them before a trial even begins.

If you are facing accusations related to the illicit images of a minor, it is vital to your future to retain the services of a skilled sex crimes attorney. Their goal is to protect both your freedom and your reputation. Contact a Marquette child pornography lawyer today for a confidential meeting.

What are Marquette’s Laws Concerning Child Pornography?

With rare exceptions made for medical or scientific purposes, Michigan Penal Code § 750.145c states that it is illegal to possess any depiction of a person under the age of 18 in any sort of sexual situation, including simple nudity. A violation of this law is considered a felony with a maximum prison term of four years and a fine of up to $10,000.

Distributing vs. Creating

Allegations that a person possesses child pornography with the intent to distribute that material carry more severe penalties. Under the same statute, convictions are felonies with a maximum prison sentence of seven years and a fine of up to $50,000.

The creation of this material, including by enticement, is a felony with a maximum prison sentence of 20 years. A seasoned Marquette child pornography attorney could help individuals facing such charges to better understand the nature of their case and what a prosecutor must prove in court to obtain a conviction.

Possible Defenses Against Child Sexual Abuse Material Charges

A key legal aspect concerning child pornography is “possession.” While possession may seem like a simple concept, it carries a specific definition in the legal arena. To possess something, a person needs to know that they have it and exert control over it. In some child pornography cases, a defendant has been an unwitting holder of these items. With most child pornography being distributed over the internet, traffickers often use viruses and malware to hack into innocent peoples’ computers to store and transfer their items. Since the computer’s owner did not know about the contraband and had no control over it, they can argue that they never possessed the items.

In addition, evidence that a prosecutor produces at trial must not violate a defendant’s Constitutional rights. A powerful defense that can be utilized in these cases involves the illegal search of a defendant’s house or the unlawful seizure of their belongings.

For the police to search private property, they must obtain a warrant. The first line of defense in many cases of illicit imagery of a minor is to argue that a judge should not have issued a warrant or that police improperly executed a search. A detailed Marquette attorney could analyze the basis of a child pornography allegation and develop strategies to defend the accused properly.

Contact a Marquette Child Pornography Attorney Immediately

Allegations involving child pornography can change a person’s life. Even before the case opens in court, their reputation in the community and among family and friends can suffer. It is vital if you face these accusations to obtain representation that can protect your rights in court and shield you against public scrutiny.

A qualified Marquette child pornography lawyer understands the need for a robust defense and discretion during these difficult times. Please do not take unnecessary risks; contact Berger Law today to see how we can help.