There are many types of child pornography crimes, but one of the most common offenses is when individuals are charged with the distribution of child pornography. Under both federal and state laws, a charge involving the distribution of child pornography results in a lifetime registration as a sex offender for individuals. It is also critical that individuals understand the various laws concerning the intent to distribute child pornography.
Federal Law Regarding The Distribution Of Child Pornography
Federal law regarding child pornography distribution states that it is illegal for anyone to either view or intend to view child pornography that has been mailed or transmitted across state lines. Many times, even though an individual never even intended to distribute or send child pornography, the federal government will make such a charge. In some cases, individuals use file sharing programs that require the user to share images while downloading. Federal charges for the distribution of child pornography tend to be much harsher than charges that are made at a state level. Federal charges for the distribution of child pornography result in a minimum of five years and up to forty years in federal prison and a maximum $250,000 fine.
State Charges For Distributing Child Pornography
Alabama law describes child pornography as any material that contains a depiction of a person under the age of seventeen engaged in sexual conduct. Under Alabama law, it is considered a Class B felony for an individual to knowingly possess with intent to disseminate child pornography. It should be noticed that possession of three or more copies of the same image of child pornography satisfies the requirement for a distribution charge. As a Class B felony, distribution of child pornography penalties in the state of Alabama result in no less than two years up to twenty years in state prison and fine up to $10,000.
Defenses To A Child Pornography Distribution Charge
Fortunately, there are several strategies that individuals can use to defend against a child pornography charge:
- The Distribution Was Not Done Knowingly. Law enforcement must demonstrate that an individual has satisfied all of the elements of child pornography distribution in order to convict an individual. If law enforcement fails to demonstrate that an individual knowingly distributed pornographic content, an individual can raise the defense that the individual did not knowingly commit the act in question.
- The Individual Was Unaware That The Individual Depicted Was Below The Age Of Eighteen. Another element of a distribution crime is that an individual knows the person or persons depicted in the material were under the legal age. Individuals might be able to successfully defend against child pornography distribution charges if the individual can demonstrate that the individual was not aware that the subjects in the material were under the age of eighteen.
- The Material In Question Was Seized As Part Of An Illegal Search And Seizure. If law enforcement violates an individual's constitutional rights while seizing child pornography, an individual can argue that the evidence was part of an illegal search and greatly weaken the prosecution's case.
Contact A Top Birmingham Sex Crime Attorney
If you face distribution of child pornography charges, do not hesitate to contact an experienced criminal defense attorney at Eversole Law LLC who can help with your case.