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Building an Alexandria Child Pornography Defense

Every case is different, therefore, what is involved in developing a strong defense varies in each situation. A lawyer’s defense will depend on the nature of the government’s evidence and what they are able or not able to prove. In a child pornography case, there are many different ways that an attorney could challenge the government’s evidence. If you are facing child pornography charges, you may want to consult with a seasoned lawyer who is experienced in building an Alexandria child pornography defense. An accomplished child pornography defense attorney will be able to assess the specific nature of the allegations and then determine how to build a strong defense for you.

Most Common Defense in Child Pornography Cases

The most common defense used in child pornography cases is that it was not the defendant who committed the act. The accused person may say they did not know anything about what was going on with their computer and how the imagesĀ ended up on it. They may have been hacked or someone else used their computer without permission. Hacking is prevalent and it is a serious issue.

Someone who is intentionally looking for child pornography on the computer would try to find ways to mask their activity. To do this, they would try to use their neighbor’s routers or WiFi. Building an Alexandria child pornography defense is entirely possible when the defendant has been hacked.

Government’s Burden of Proof

The state must not only prove that the computer had child pornography or there was distributed child pornography, but it also must prove which person did it. In many cases, it is more difficult to prove than people realize. The government has to prove beyond a reasonable doubt that the defendant and the defendant alone is the one who accessed, possessed, or distributed the child pornography. If the prosecutor can prove there was child pornography but not which person accessed, possessed, or distributed it, then the government’s case would fall.

The penalties for child pornography charges are severe, which is why it is important for a defendant to obtain a lawyer who is knowledgeable about what the state can and cannot prove. Having an attorney who could do this is critical for building an Alexandria child pornography defense.

Unintentional Possession of Child Pornography

One of the defense strategies that could be used in this type of case is that the possession of the child pornography was unintentional. For instance, a person may mistakenly download packets of information off of the internet, some of which contain unexpected child pornography. In some cases, the individual was searching for adult pornography but child pornography came up instead.

Sexting Cases

Sexting is a fairly new phenomenon and for that reason, it is a new component of child pornography. If a sext involves a minor, it automatically becomes a child pornography case. This is assuming that the sexting involves the transmission of videos or images that depict a child that is active sexually or in a state of undressing designed to be arousing to defenses. It is critical for a defendant facing a child pornography charge involving sexing to reach out to a lawyer capable of building an Alexandria child pornography defense.