Lincoln Child Pornography Lawyer

Charges of child pornography are on the rise in the United States. Whether this is the result of a recent crackdown on the offense or the increased proliferation of child pornography, the message is clear: police and federal agents take this matter very seriously.

Berry Law’s criminal defense lawyers will provide an aggressive defense against sex crimes, including child pornography. Your best chance of avoiding conviction is to consult with a knowledgeable child pornography lawyer in Lincoln, and our team is here to help.

Fighting Child Pornography Charges in Lincoln, NE

There are numerous strategies for defending a person against child pornography charges. One step is to establish the truth behind the images. Are the photos real, or have they been changed using photo-editing software? Are the individuals in the images actually under the age of 18?

We will investigate the pictures, as well as how they appeared on your computer. It is possible for content to be transmitted to a computer without the owner’s knowledge. 

Perhaps you received an email or accessed a website affected by malware, which downloaded the content without your knowledge. Perhaps another person used your computer and downloaded the images. If you have been charged with a violation, a child pornography attorney can examine your case and help fight the charges against you.

Child Pornography Consequences Are Severe

The consequences of a child pornography conviction are severe and life-altering. The stigma is often long-lasting, and the impact on the accused party’s family and career can be devastating. 

Even for lesser charges, you will likely face at least some time behind bars. That’s why it is imperative to seek legal counsel from a Lincoln child pornography attorney as soon as possible.

Child Pornography Possession Charges

The penalties for possession of child pornography in Nebraska vary depending on the age of the offender. If the defendant was under the age of 19 when the alleged offense occurred, they could be charged with a Class IIIA felony and face:

• Up to five years in prison
• Up to $10,000 in fines
• Formal probation
  

If the defendant was 19 years of age or older when the alleged offense took place, they could be charged with a Class III felony and face: 

• Up to 20 years in prison
• Up to $25,000 in fines
• Formal probation
  

If the defendant has previously been found guilty of a select list of related charges, they could be charged with a Class IC felony, which carries a maximum sentence of 50 years in prison.

Charges include lengthy prison sentences among other penalties. Having an experienced attorney to defend you is essential if you want to present a strong defense.

What Are the Penalties for Child Pornography Charges?

Production and distribution of child pornography is a more serious charge than possession. A defendant under the age of 19 when the alleged offense occurred can be charged with a Class III felony for each offense and face: 

• Up to 20 years in prison
• Up to $25,000 in fines
• Formal probation
  

If the defendant is 19 years of age or older, they can be charged with a Class ID felony for each offense. And if they have a previous conviction, they can face a Class IC felony charge. 

Both of these charges carry a maximum penalty of 50 years in prison for each offense. The minimum sentence for a Class ID felony is three years, which rises to five years for a Class IC felony.

Federal Charges

Any crime involving the use of the internet, such as luring a minor, solicitation, or child pornography, can be charged as a federal crime and may also include charges of wire fraud. Federal crimes come with serious penalties and require a child pornography attorney who is experienced with federal criminal trials.

If charged as a federal crime, a defendant could face up to 30 years in prison, in addition to fines for producing, buying, selling, possessing, distributing, receiving, transporting, or shipping child pornography. Subsequent offenses can enhance this sentence. 

Federal charges require federal defense strategies, and a federal child pornogrpahy lawyer can help those who believe they were unfairly accused.

Registration as a Sex Offender

Additionally, a conviction for a sex offense will most likely require you to register as a sex offender. This will brand you for life as a sexual predator and affect future employment, housing, and other opportunities. 

A child pornography attorney in Lincoln, NE, can help you beat the charges or plea bargain for a lesser charge to avoid some of the worst consequences of a conviction.

Criminal vs. Civil Cases for Possessing Child Pornography

In a criminal case brought forth by the state or federal government, the prosecutor must prove guilt beyond a reasonable doubt. They have to demonstrate to the highest standard of proof that the accused knowingly possessed the illegal material. 

In a civil case brought forth by a victim or the victim’s family, they only need to prove that there is a greater than 50% chance that the claim is true. This is an evidentiary standard known as “preponderance of the evidence.”

Depending on the circumstances, a criminal and civil case may be filed against the accused party. In either situation, if you are being charged with a child pornography offense, a criminal defense lawyer from Berry Law will fight to beat your charges.

What Is the Protection of Children From Sexual Predators Act of 1998?

The Protection of Children from Sexual Predators Act of 1998 expanded the definition of child pornography and increased penalties for individuals convicted of producing, distributing and/or possessing child pornography. Maximum penalties were also increased for repeat offenders.

In addition, a zero tolerance policy was imposed with the adoption of the Act, reducing the number of images or items necessary to charge someone with a crime from three to one.

This Act raised the stakes for individuals facing a criminal charge for child pornography. Due to the sensitive and complex nature of child pornography lawsuits, it is highly important to have an experienced child pornography defense lawyer who can develop a strong defense strategy.

Talk to a Child Pornography Defense Attorney Today

If you are facing any charge related to child pornography, it is essential to hire a skilled child pornography lawyer in Lincoln, NE. At Berry Law, we believe that everyone is innocent until proven guilty. 

Our goal is to provide you with the best possible defense. We will work hard to help you avoid a conviction.

If you have been charged, please give us a call or fill out our online contact form today to speak to a child pornography defense attorney about your case.