Michigan Child Pornography Lawyers

If you’re facing child pornography charges in Michigan, contact Blank Law, PC, immediately for a free, confidential consultation. Our experienced team is here to protect your rights and future.

THE SERIOUS NATURE OF CHILD PORNOGRAPHY CHARGES IN MICHIGAN:

Child pornography charges in Michigan are severe, carrying severe penalties and life-altering consequences. If faced with charges related to child pornography, it is crucial to understand the laws, potential penalties, and available defenses to navigate the legal process effectively. At Blank Law, PC, our experience as former prosecutors and Chiefs of the Sexual Assault Units provides a deep understanding of these cases’ complexities and the critical need for a strong, strategic defense.

DEFINITION OF CHILD PORNOGRAPHY IN MICHIGAN

In Michigan, child pornography (also referred to as child sexually abusive material) is defined as any visual depiction of a person under the age of 18 engaged in sexual conduct. This includes photographs, videos, digital or computer-generated images, drawings, and cartoons.

Michigan law takes a firm stance on prosecuting all forms of involvement in child pornography offenses, addressing activities from production and distribution to even the most straightforward possession of such material.

THE LAW AS IT RELATES TO CHILD PORNOGRAPHY CHARGES

The statute that governs Child Pornography offenses is MCL 750.145c. This statute addresses all the following:

– Possession of child pornography

– Production of child pornography

– Distribution or promotion of child pornography

– Accessing child pornography with the intent to view

The law when it comes to possessing child pornography can result in lengthy prison sentences, hefty fines, and mandatory registration as a sex offender. It’s important to know that even viewing or downloading such material, momentarily or accidentally, can potentially lead to criminal charges.

PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY IN MICHIGAN

The consequences of child pornography offenses in Michigan are profoundly severe. Being charged with possession of child pornography constitutes a felony. Upon entering a plea or receiving a guilty verdict from a jury, the individual faces penalties of up to 4 years in prison and fines reaching $10,000. Additionally, there is a requirement to register as a sex offender, and it’s mandatory. Registration as a sex offender is nonnegotiable and can affect many facets of your life moving forward.

FEDERAL CHARGES OF POSSESSION OF CHILD PORNOGRAPHY

Instead of the state charging you with Possession of Child Pornography, the federal government can move forward with an investigation and charges, like the state. Often, when viewing child pornographic material, the material is received from another state via the internet. When this occurs, interstate commerce is affected, which gives the federal government jurisdiction to charge you with a federal crime instead of a state crime.

There is no hard and fast rule regarding who will charge you, the federal government or the state. Both could charge you, but typically, it is one or the other.

Facing state charges for possession of child pornography is generally preferable to being prosecuted under federal law, as federal charges typically entail much harsher penalties, including mandatory minimum sentences.

The number of Child Pornography cases in Federal Courts has increased over the years—federal code Sec. 18U.S.C.2252(b) describes the federal penalties for this type of crime. The penalty is a mandatory minimum of five (5) years and a maximum of twenty (20) years.

DEFENSES TO POSSESSION OF CHILD PORNOGRAPHY CHARGES

Although these charges are profound and life-changing, several potential defenses may apply, depending upon the case’s specific facts. Here are some common defenses used to fight such serious charges:

• Lack of knowledge – Blank Law, PC can argue that the accused was unaware that they possessed illegal material as a defense. For example, someone other than the accuser downloaded files onto the accused computer that contained child pornography without their knowledge. This might occur if the material was downloaded without the person’s awareness or consent. Lack of knowledge is a valid defense.
• Unintentional possession – Blank Law, PC can argue that although the accused possessed child pornography, the accused did not know that child pornography was part of a file requested and, therefore, did not possess it for purposes of this charge. For example, The accused downloaded a file that was sent via Dropbox. The accused opened the file for the information the accused requested, undenounced to the accuser when the file was sent via Dropbox, and so was child pornography. The accused unintentional possession of child pornography is a valid defense.
• Mistaken identity – Blank Law, PC can argue that the computer housing the child pornography is not owned and operated by the accused. Digital crimes often involve complex electronic evidence that may be misattributed to the wrong individual.
  Search and Seizure Violations: At Blank Law, PC, we can assert that the police seizing the accused’s computer or phone involved constitutional rights violations. If evidence is obtained through an unlawful search, it may be possible to suppress it, thereby weakening the prosecution’s case. For instance, police must obtain a search warrant to seize a computer or phone unless the accused consents to confiscation. The defense of constitutional rights violations is applicable if permission was not given and no search warrant was presented.
• Age of individual in the material – The Blank Law Firm will evaluate every picture claimed to be child pornography. The individual in the image must be under 18 years old. Several indicators are used to determine the age of the individual.

HOW AN EXPERT IN COMPUTER FORENSICS CAN ASSIST YOU:

There are several nuances when it comes to defending possession of child pornography cases. That’s why adding an expert in computer forensic analysis may be necessary. Expertise in this field can be instrumental in understanding the nuances of the case and ensuring a robust defense strategy against such serious charges. There are multiple benefits for Blank Law, PC to use an expert in computer forensics for charges of Possession of Child Pornography. Such as:

1. Data Verification and Analysis: A forensic expert can thoroughly analyze all computerized data to verify the existence and origin of any incriminating material. They can determine whether the files were intentionally downloaded or if they appeared by accident during routine internet activity.
2. Malicious Software and Unauthorized Access: Experts can identify any presence of intentionally designed software created to make it appear the accused possessed child pornography. They can also identify viruses that may have facilitated unauthorized downloads without the accused knowledge. This information can verify for the defense that the accused did not knowingly possess the illegal material.
3. Timeline Reconstruction: Forensic analysts can reconstruct timelines to identify when files were created, accessed, or modified, which would help challenge the prosecutors’ account of how the malicious material was found on the accused computer. This helps to establish a lack of intent.
4. Challenging Prosecution Evidence: Once the prosecution charges a case involving alleged child pornography, it has the material. Blank Law, PC, and an expert in computer forensics are also entitled to view the material. By examining the prosecution’s digital evidence, experts can challenge its validity, authenticity, and completeness, possibly revealing any tampering or misinterpretation.
5. Report and Testimony: A forensic expert can provide the defense with detailed reports about their findings. Not only can they provide a detailed report, but if needed, they can be qualified and testify as an expert witness to explain the technical findings to the court or jury, potentially swaying the case in favor of the defense.

CHILD PORNOGRAPHY LONG-TERM REPERCUSSIONS

Being charged and convicted of possession of child pornography can lead to significant long-term repercussions. This type of conviction carries far-reaching impacts, including having to register as a sex offender, difficulty securing employment, restrictions on finding a place to live, and the ability to be around minors. These limitations underscore the seriousness of the charges and highlight the importance of hiring a robust legal defense that solely practices sex crimes.

HOW BLANK LAW, PC, CAN HELP YOU

Our experienced team understands the nuances of child pornography laws and the most effective defense strategies.

We provide:

A thorough case assessment

Guidance and support through all stages of the legal process

Aggressive protection of your constitutional rights

Skilled negotiation with prosecutors for potential charge reductions

Strong representation and courtroom advocacy

Facing child pornography charges is a serious matter that requires immediate and expert legal attention. Don’t face child pornography charges alone. Contact Blank Law, PC today for a confidential free consultation, and let us fight for your rights and future.

CHILD PORNOGRAPHY FAQs:

Q: What should I do if I am Accused of Possessing Child Pornography?                 

A:  If you are being investigated or charged with Possessing Child Pornography, immediately contact a knowledgeable, skilled defense firm as soon as possible. You have certain Constitutional rights that need to be protected immediately. Only lawyers who do this type of law know the ins and outs of how to protect you and your future.   

Q: If I only looked at the pictures and did not download them, can I still be charged with Possession of Child Pornography?

A: Yes. The pictures do not have to be downloaded onto your device to be charged with possession of child pornography.

Q: If I downloaded adult pornography and somehow child pornography was downloaded too, is that illegal?

A: Yes. Having Child Pornography on your device, in any fashion, is illegal. However, there is a defense to this scenario. The right defense team will argue that you lacked knowledge and unintentional possession of the material.

Q: Is looking at pictures of Child Pornography is a victimless crime?

A: No. The prosecution and the law consider viewing Child Pornography as causing extreme harm to children who are exploited in its production. They very much believe the children appearing in the images are the victims.

Q:  Is it ok to look at pictures of Child Pornography on the Dark Web?

A:  No. The Dark Web exists for nefarious reasons, including doing illegal things. Even though people on the Dark Web believe they are anonymous or untraceable, once one of the pictures or videos of Child Pornography is downloaded or saved onto your device, you have committed a crime, and it’s traceable. Not to mention, the police are now armed with the capabilities to police the Dark Web.