There are several factors that make child pornography charges unique. These include the evidence involved in the cases and the penalties. As these are some of the most aggressively prosecuted charges, they carry heavy penalties that can permanently change a person’s life.

Because the stakes are so high, it is crucial you work with a skilled child pornography attorney. The aggressive attorneys at Berry Law can defend your rights and work to protect your reputation and freedom.

What is Child Pornography?

Child pornography is defined as any material, video, picture, or any media that contains sexually explicit material of a person under the age of 18. There are several types of child pornography charges.

If someone under 19 is accused of possessing child pornography, it is a Class 4 felony that is punishable by up to two years in prison, a $10,000 fine, or a combination of a fine and imprisonment. If he or she is over the age of 19, it is a Class 2A felony, which is punishable by up to 20 years in prison.

How these Charges Arise

Any person who has sexually explicit images of someone under the age of 18 is essentially in possession of child pornography. This is regardless of whether the images are on the phone, a computer, a laptop, or a printed picture. It also does not matter how the person came into possession of the items. If the person has them, he or she may face charges.

It is also important to note a person can be charged with multiple offenses. A person can be charged for a separate crime for each separate image or video he or she possesses.

What Makes These Cases Unique?

Other sex crimes generally involve live testimony from a victim. With child pornography cases, most of the evidence collected is done using computer forensics.

Officers take computers and phones they believe have illegal images or videos to their computer labs. They put them into safe mode, make copies of the storage media, and then they analyze the copies of the media. Even if the images or videos had been deleted, a good forensic team can recover them. The physical evidence is one of the factors that make child pornography cases unique.

Charges from Sexting

Sexting cases are considered child pornography. If someone is an adult and receives an image of a person under the age of 18, he or she may be charged with possession of child pornography. However, there is an exception in Nebraska law. Current laws in Nebraska provide that it is admissible for teenagers no more than two years apart in age to engage in consensual sexting without being accused of a sex crime if the sender is less than 19 years old and the receiver is no younger than 15.

Sexting-related child pornography cases are typically brought in state court. Although it can result in charges, sexting usually corroborates child pornography accusations. This is because it corroborates the fact that the person who is sending the picture was underage.

Long-Term Consequences in Lincoln

The possible penalties for child pornography charges are prison and having to register as a sex offender. Those penalties do not differ if the person is convicted of the distribution or production of child pornography in the State of Nebraska.

There are also many other long-term implications of a conviction. The most obvious is having to register as a sex offender. A person may also lose his or her professional licenses. Therefore, it is important to reach out to an attorney who can help fight the charges.

Speak to an Attorney About What Makes Lincoln Child Pornography Charges Unique

There are many factors that make child pornography charges in Lincoln unique. However, the most notable is the evidence. Unlike other sex crimes that rely heavily on testimony, these cases are built on evidence. Therefore, it is important to work with a dedicated attorney who can help you fight back. To discuss your case, call Berry Law today for a confidential case evaluation.

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