Unaware Possession: Child Pornography Charges in Maplewood
By Sullivan Rice
Sex crimes involving children are among the most egregious offenses, carrying severe legal consequences and irreparable damage to one's reputation. However, not all offenses against children involve direct contact with them.
In both Maplewood, MN and across the nation, possessing sexually explicit images or videos of minors constitutes a serious crime. With the proliferation of the internet, instances of this particular offense are skyrocketing.
It's alarming that individuals may unknowingly possess child pornography on their devices. To address this issue, we've compiled a guide outlining how child pornography laws operate and how to mount a defense if charged with possession, even when unaware of the material's presence.
Understanding Child Pornography in Minnesota
In Maplewood, child pornography is defined straightforwardly. It encompasses visual depictions of minors engaged in sexual acts or sexually explicit images of minors, including naked or provocatively posed children. This definition extends to sexually explicit content sent by minors to romantic partners, as seen in sexting cases.
Responding to Receipt of Child Pornography
If someone sends you child pornography, taking proactive steps is crucial. Reporting the incident to law enforcement and your internet provider, as well as deleting the material as instructed, can impact potential prosecution outcomes. Even inadvertent actions, such as opening and retaining the material temporarily or forwarding it to others for opinion, can lead to charges.
Defenses Against Child Pornography Charges
When facing child pornography charges without awareness of possession, no criminal act has been committed. Intentional possession is necessary for conviction. Depending on the circumstances, two common defenses can be employed:
1. Lack of Possession: This defense applies in cases where material is found on shared devices or when someone else seeks to frame the defendant by downloading the material.
2. Unintended Possession: When material is received unintentionally through email or accidental website visits, this defense may be utilized. Limited time spent on the site can support this argument. Knowledge is an aspect of this charge and this may be a question of fact for the jury.
Seek Legal Guidance
Facing child pornography charges demands experienced legal representation. An adept Minnesota criminal defense attorney can assess your case, devise a robust defense strategy, and navigate the complexities of child pornography laws, safeguarding your rights and future. Contact us today for assistance in explaining your situation and crafting a defense tailored to your circumstances.
