Federal Child Pornography Defense

A federal child pornography charge can create an inescapable social stigma, and a conviction can cause lifelong difficulty in advancing a career, living in a desired area, and even in simply making new acquaintances. In addition to the social consequences, federal child pornography charges are met with severe legal consequences. Simple possession of child pornography on a computer, phone, or in any tangible form can result in federal prison time. First-time offenses can result in up to 20 years in prison plus additional time in sex offender release programs, and registration in a sex offender database.

Clearing a client’s name is difficult to do in a federal child pornography case, but it’s not impossible. The attorneys of Berry Law have a history of fighting relentlessly to defend their clients, especially in high stakes cases, where the defendant’s quality of life hangs in the balance.

Some significant defenses in federal child pornography cases:

  • Lack of knowledge or intent – A conviction for child pornography charges relies upon the notion that the accused did knowingly and willfully deal with prohibited images or content. Because possession of adult pornography is legal, individuals may mistakenly access underage pornographic material when browsing the internet, clicking a link or downloading a file that they do not fully understand the contents of beforehand. In addition, file-sharing websites are notorious for incorrect or misleading labeling, allowing for situations where child pornography ends up on the hard drive of someone whose intent was merely to download episodes of a popular TV show.
  • Police misconduct – If the evidence to support a conviction was discovered as part of entrapment or an illegal search lacking a search warrant, the evidence cannot be used in a court of law. Police must have probable cause to search personal property or possessions, and improperly collected evidence must be omitted from prosecution.
  • Forensic analysis – Sometimes, images or content can be proven to not actually be child pornography, resulting in charges being dropped. While this is a rarer situation, it is an example of the depth of options available when building a defense in support of a client, and an experienced attorney will consider many potential strategies to defend their client.


The Lincoln and Omaha criminal defense attorneys of Berry Law have been defending clients for decades. We know that facing federal child pornography charges can be an incredibly daunting and overwhelming situation, and our legal team has the tenacity and drive to fight for your rights. Our understanding of the many methods used by federal prosecutors to try to obtain a conviction in child pornography cases, and our history of successful results from clients, provide us with the confidence and experience to fight for the best outcomes for the accused.

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