Possession Of Child Pornography

In the state of Alabama, possession of child pornography is an aggressively pursued crime, which can result in severe penalties. Even if an individual is never formally charged with the possession of child pornography, being investigated and accused of such a crime also have the potential to make a lasting negative impact on an individual's life.

Relevant Alabama Law

Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. The term “possession” extends past individuals who have physical photographs of child pornography. Some of the other ways that individuals can be found to be in possession of child pornography include individuals who have used file sharing programs to access such content, stored child pornography in the memory of a computer's hard drive, searched the internet for child pornography, or exchanged photographs or videos through the use of a phone.

Penalties Resulting From The Possession Of Child Pornography

The possession of child pornography is classified as a Class C felony in the state of Alabama. Class C felonies result in an individual facing between one to ten years in prison and potentially facing a fine of up to fifteen thousand dollars. For repeat offenders, the resulting fines are often even more severe. An individual's name might also be posted on a community notification list. Unlike many other charges, an individual convicted of child pornography is unable to receive a lesser charge.

Federal Law Regarding Possession Of Child Pornography

Individuals who are found to have transmitted sexually obscene material across the internet or over state lines will likely also face federal charges for the possession of child pornography. Federal charges resulting from the possession of child pornography are almost always more severe than state charges for the same offense. An individual charged of the possession of child pornography faces fines and a minimum of fifteen to a maximum of thirty years in prison. Individuals who have prior charges regarding child pornography may receive even more severe penalties. Special note should be made that individuals can be charged for each image of child pornography, which means that video contain such content frequently result in even more severe consequences.

Potential Defenses

Individuals who are charged with possession of child pornography require the talent of a skilled criminal defense attorney in responding to such a charge. Some of the defenses that an individual might be able to raise to such a charge include:

  • Evidence was obtained as the result of an unlawful search warrant.
  • The content in question was placed on the defendant's computer at a time that the individual was not in possession or control of the computer.
  • The individual was not aware that the content was on the computer, which can occur in several situations including when the content is part of a malicious computer virus.
  • A reasonable person would not have known that the actors depicted in the content were under the legal age.

The Assistance Of A Top Birmingham Criminal Defense Attorney

If you face charges for possession of child pornography, it is an extremely wise idea to consult with a talented criminal defense attorney at Eversole Law LLC who can help construct a strong defense.