Google Reviews
All criminal offenses that involve child pornography have potentially severe consequences, but those that involve the creation or distribution of child pornography can be particularly harsh. Contacting an Omaha child pornography lawyer may be the most effective way to protect your rights and build a successful defense if you are facing criminal charges.
A criminal conviction for felony-level child pornography charges can result in significant prison terms, high fines, mandatory sex offender registration, and a felony record that can deprive a person of specific civil rights. A skilled criminal defense lawyer who has experience handling these charges can aggressively defend you against the charges you are facing.
Child Pornography Offenses
Neb. Rev. Stat. § 28-813.01 makes it illegal for individuals to knowingly possess any image, whether a live performance or photographic representation, of sexually explicit conduct that portrays a child. For this offense, a child is any individual under the age of 18, as per Neb. Rev. Stat. § 28-1463.02(1).
Not only does the law prohibit individuals from possessing child pornography, but it prevents individuals from creating or distributing child pornography. These unlawful actions include directing or producing the video or images, getting children to participate in the creation of child pornography, or furnishing child pornography to others. Any of these actions can result in serious penalties. Due to the potential severity of these charges, consulting with a child pornography lawyer in Omaha may be highly beneficial.
Penalties for Omaha Offenses
Individuals caught with child pornography may face Class IV felony charges if they are under the age of 19 at the time of the offense, but they may face Class IIA felony charges if they are over the age of 19 at the time of the alleged crime. For individuals who have previous convictions for child pornography or other selected criminal offenses, the charges may increase to a Class IC felony. A conviction under this section also is likely to result in mandatory sex offender registration for 25 years or life under Neb. Rev. Stat. § 29-4003, depending on the circumstances of the case.
Neb. Rev. Stat. § 28-105 establishes the potential penalties for various levels of felony offenses. A Class IIA felony conviction for adults over the age of 19 can result in a prison sentence ranging from zero to 20 years. However, a Class IC felony for subsequent offenders requires a mandatory minimum prison sentence of five years and can result in a maximum prison sentence of 50 years.
Nebraska law does provide for some affirmative defenses in child pornography cases, depending on the circumstances. For example, individuals may have an affirmative defense if the depiction portrays only themselves, or if the situation involves willing participants between the ages of 15 and 18 who exclusively share the images between themselves. A child pornography attorney in Omaha may be able to assess a situation and determine the applicability of any affirmative defenses.
Contact an Omaha Child Pornography Attorney Today for Advice
Child pornography is a criminal offense that carries the potential for harsh consequences under state law. Individuals who utilize the Internet or other means to distribute child pornography in interstate commerce may face federal child pornography charges, which can have even more severe ramifications. If you are facing child pornography charges at the state or federal level, you likely will need the assistance of an aggressive Omaha child pornography lawyer. Call Berry Law today for a confidential case evaluation.
