Top Child Pornography Lawyer: Nicole Blank Becker
A negative effect of technological advancement is the surge of child pornography globally. People can easily access child porn images online via internet forums, mobile apps, file sharing, and social media platforms. According to the National Center for Missing and Exploited Children, there is over 29 million reported content relating to suspected child sexual exploitation annually.
Child pornography is a crime that attracts severe punishment in many countries. So, what is considered child pornography? It refers to any content depicting sexually explicit conduct involving a child below 18. Such depictions include computer-generated images, pictures, videos, films, slides, undeveloped photos, and sound recordings.
Not all content featuring naked children is considered child pornography unless it contains an element of illicit sexual activity. Therefore, pictures of naked children taken by their parents may be exempted from being considered child pornography. Also, fictional works of art may be exempted from being regarded as child sexually abusive material.
Child Pornography Lawyer
Child pornography charges are serious, and they can affect your life negatively for a long time. However, hiring an experienced criminal defense lawyer increases your chances of avoiding a prison sentence or paying a hefty fine.
Attorney Nicole Blank Becker is a top child pornography defense lawyer specializing in sex crimes.
She can help you develop an excellent criminal defense strategy to beat the charges against you.
Finding a Child Pornography Lawyer in Michigan
If you or your family member is facing child pornography charges in Michigan, you need to hire a criminal defense lawyer immediately. Child pornography is a felony punishable by imprisonment, a hefty fine, or both. A child pornography charge can affect the quality of your life, tarnish your reputation, and cost you your career, among other consequences. So, the aid of child pornography attorneys is necessary.
The complexities of the criminal justice system and Michigan porn laws require the guidance and expertise of a criminal defense lawyer to succeed in a child pornography case. You need an experienced criminal defense attorney to advise you on your legal rights as a defendant and help you create a solid defense tactic.
Finding an attorney can be a daunting process. The stakes are higher when it involves child sexually abusive material, and so you should ensure that your lawyer can provide an adequate representation and defense on your behalf. It would be best if you chose your lawyer quickly and wisely.
Blank Law, PC is a criminal defense law firm based in Michigan. We have gathered years of experience successfully defending people charged with sex crimes. We are familiar with child pornography laws and help criminal defendants develop aggressive defense strategies tailored to their particular cases to improve their chances of beating the charges against them and avoiding a child pornography conviction. Contact Attorney Nicole Blank Becker and schedule your free consultation with us today.
Is Child Pornography a Federal Crime or a Criminal Offense Under State Law?
A common question asked: is child pornography a state or federal law? Generally, adult pornography is legal in the U.S. However, when pornography involves minors, it is regarded as a type of child sexual exploitation and is a crime under state and federal laws.
Under federal law, child pornography is a serious offense that attracts harsh punishment. It is defined as the visual depiction of a minor engaged in any sexually explicit conduct.
Different states have varying ages of consent (see what is the age of consent in Michigan). However, they become irrelevant when a person is charged with child pornography under federal law. As with most federal crimes involving minors, the relevant age in child pornography cases is 18. Therefore, where a child below 18 appears in any visual content relating to sexual misconduct, such content will be regarded as child sexually abusive material.
It is a federal crime to possess, produce, receive, distribute, or import child sexually abusive material. It does not matter that the illegal material has been destroyed. Also, it is unlawful to entice, induce, coerce, or persuade a child below 18 to participate in any sexually explicit activity to create visual depictions of the illicit activity.
Furthermore, it is a federal offense to conspire or attempt to commit a child pornography violation. The law prohibits parents, legal guardians, and other people in control or custody of a child under 18 from buying, selling or transferring custody of that child to produce sexually abusive material.
Child pornography becomes a federal offense if it occurs in foreign commerce or interstate. Therefore, where common carriers or the U.S. mailing system is used to transport child sexually abusive material across states, the crime would fall under federal jurisdiction. Also, the federal government typically assumes jurisdiction where a child pornography violation occurs on the internet.
People who have violated child pornography laws may be charged under state law instead of or in addition to federal law. Michigan porn laws prohibit child sexually abusive activity. It falls under any of Michigan’s four degrees of criminal sexual conduct (CSC degrees). MCL 750.145c(1)(n) lists sexual acts that would constitute child sexually abusive activity.
Law enforcement agents can arrest and charge to court any person found in possession of child pornography. Wondering is it against the law to look at child pornography? Possession of child pornography refers to searching for, accessing, or controlling child sexually abusive material. It includes watching a video or digital image containing sexually explicit content about a minor.
Distributing child sexually abusive material is a felony. It includes the act of distributing child pornography with the knowledge that it is pornographic and the criminal intent to distribute such material. Where this intent is absent, it may not amount to a crime.
Also, child pornography charges may be brought against a person involved in producing such sexually abusive material relating to a minor. The production of child sexually abusive material includes creating, downloading, and making copies of pornographic materials involving a child.
What are the Penalties for Child Pornography?
Child pornography laws impose serious penalties on people found guilty of the crime. When it is a federal offense, a first-time offender convicted of producing child porn may be sentenced to a minimum of 15 years and a maximum of 30 years in federal prison. A person convicted of distributing child sexually abusive material may face a prison sentence of up to 20 years.
The courts also impose harsher punishment when child pornography occurs in an aggravated situation or the perpetrator has been convicted previously. Examples of aggravated cases include where the child is sexually abused, the content is violent or sadistic, or the perpetrator has previously been convicted of child pornography. In these circumstances, the offender may be sentenced to prison for life.
Anyone found to possess child pornography in Michigan may face a maximum penalty of up to four years or a $10,000 fine. Producing child pornography in Michigan attracts a maximum prison sentence of 20 years and a $100,000 fine. A child pornography conviction may also attract court costs or restitution payments. The perpetrator may also be required to register as a sex offender, i.e. the Michigan Sex Offender Registry. The offender may also have a record in the child abuse registry.
Registered sex offenders can be sentenced to long-term probationary supervision. For convicted offenders who are immigrants in the U.S., their visas could be denied or revoked, and they could be deported. They may lose their practicing licenses as professionals, such as doctors, lawyers, or teachers. A child pornography conviction can also make sex offenders vulnerable to stigmatization. It can affect their chances of finding gainful employment and fitting into society.
What are the Available Legal Defenses Against Child Pornography Charges in Michigan?
Beating child pornography charges can be challenging, but it is not an impossible feat. With the aid of good child pornography lawyers, criminal defendants can develop aggressive defense strategies to help them fight child pornography charges.
It would be best if you acted promptly to put up a criminal defense for the charges against you. Even if the allegations against you are false (learn what to do if falsely accused of CSC here), you risk serious penalties and restrictions on your freedom, finances, and overall lifestyle with such charges against you. You must hire the services of a top child pornography defense law firm as soon as possible to give yourself a chance at succeeding at trial.
A legal defense to child pornography is that the material does not relate to sexually explicit conduct involving children. There are cases where certain pieces of content involving children may be exempted from being regarded as child pornography. For example, the Motion Picture Association of America exempts some films and drawings.
Another legal defense is that you did not possess child pornography or that such possession was not intentional. Where you accidentally click on a website or email and unknowingly download child pornographic material, it may serve as a defense against being charged with child pornography. If evidence shows that you did not spend enough time on the website, your lawyer may be able to prove your innocence. Also, you may be able to put up a defense where you intended to view adult pornography, but accidentally stumbled on child pornography instead.
Entrapment is another defense in child pornography cases. Where you fall for a trap set up by law enforcement officers to commit this sex crime, which you ordinarily would not have done, it can serve as a defense against the charges. Or, where you purchase materials that are not described as child pornography or are ambiguous and you cannot infer that it relates to child pornography, you may be able to defend the charges against you.
Would it Amount to Child Pornography Under Michigan Law if the Child Gives Consent?
Generally, the law permits consensual relations between adults. The age of consent in Michigan is 16, but under federal laws it is 18. Therefore, any minor below the age of consent is deemed incapable of consenting to any sexual activity. So, where such a child agrees to participate in any sexually explicit activity to be used as content for child pornography, the law does not recognize such consent. The adult involved can still be arrested for child pornography.
Is the Record of a Sex Offender Convicted of Child Pornography Permanent in Michigan?
Wondering if a sex crime can be expunged? Expunging criminal records concerning sex crimes can be difficult. However, the chances of deleting the records are considerably higher when the offense is a misdemeanor, such as disorderly conduct or indecent exposure. For felonies and violent offenses, though, a registered sex offender usually has a permanent record with the registry (see is the sex offender registry for life?).
Child pornography is a felony in Michigan. In many cases, people convicted of this sex crime must register with the sex offender registry. After the convicted offenders have done the mandatory registration, they may find it difficult to expunge their records afterwards. Learn how to get off the sex offender registry in Michigan here.
Therefore, it is pertinent to act quickly once you or your loved one is arrested for child pornography. The negative impact of child pornography convictions can be permanent and life-altering. You need to hire an excellent criminal sexual conduct attorney and develop your defense strategy as soon as possible to mitigate the adverse effects of being associated with such a severe offense.
When Should You Contact an Attorney if You Face Child Pornography Charges?
Whether you face federal child pornography charges or charges under state law, you need to hire a criminal defense attorney. It is the best way to avoid jail, paying a hefty fine, or having a permanent record as a sex offender.
Attorney Nicole Blank Becker is a federal crime defense lawyer with an excellent track record in child pornography. She also specializes in handling child pornography cases under the law of Michigan. Decades of experience as a former criminal prosecutor have provided her with a cutting-edge advantage as a criminal defense lawyer. Her focus on sex crimes has honed her skills and made her outstanding at her job.
So, if you or your loved one has been arrested for being in possession of child pornography, you can trust the Blank Law, PC law firm to come up with a solid defense tailored to your specific situation. We will also provide adequate guidance and assistance with navigating the criminal justice system while facing criminal charges.