What Defenses are Available to Child Pornography Charges in Minnesota?
The proliferation of the internet has undeniably had a significant impact on the world. However, it has unfortunately led to the easier distribution of child pornography, which has serious legal implications. In Minnesota, if you find yourself unintentionally accessing or being accused of accessing child pornography, it is crucial to know that there are defenses available. If you receive notice from your server or are contacted by the police regarding potential access to this material, make sure you seek the immediate assistance of an experienced Minnesota child pornography lawyer. Do not wait until you have been formally charged.
"Once law enforcement starts an investigation regarding child pornography, it usually gains momentum. Don’t ignore this.”
Defenses to Child Pornography Charges in Minnesota
There are multiple possible defenses to child pornography charges. These include:
The Content is not Child Pornography:
In Minnesota, child pornography must meet specific criteria to be defined as such. It usually involves sexually explicit content featuring a naked child under the age of 18. However, certain content may fall outside this definition. Examples include non-sexual baby pictures carried by a parent, virtual images that do not depict real children, drawings or paintings created for artistic purposes, and images used for scientific or educational reasons.
Defendant not in Possession of Child Pornography:
A common defense is asserting that the accused individual does not possess the material in question. This defense is often used when there is a shared computer or network, and others may have had access to the computer or hard drive under scrutiny. In some cases, someone else may have downloaded the illicit material and subsequently attempted to frame the defendant. This could be a vindictive partner, a business associate, a former friend, or even someone who intentionally downloaded the material onto the defendant's computer to divert suspicion. An experienced child pornography defense attorney can bring in a forensic examiner to establish the timeline of the download and determine the defendant's presence during that time.
Unintended Possession of Child Pornography:
To be charged with possession of child pornography, intent is a requirement. If the defendant inadvertently downloaded the material without knowledge or intention, it may be considered unintended possession. For example, a person may have inadvertently clicked on an email or pop-up containing the illicit material and remained unaware of the download. Another scenario is accidentally downloading the material while viewing legal adult pornography. In such cases, an experienced child pornography defense lawyer can rely on forensic experts to investigate the manner of the download and whether the material was ever accessed or opened.
Contact Jack Rice Defense for free confidential consultation or call 651-447-7650 or 612-227-1339.
Entrapment:
Entrapment comes into play when law enforcement entices an individual into committing a crime that they would not have otherwise committed. This defense often arises in cases involving sting operations, where undercover officers pose as individuals offering or selling child pornography. The crucial factors considered include the age aspect and whether the defendant was predisposed or targeted based on their pre-existing inclination towards viewing such material. The statements made about the material or how it is labeled can also be essential factors in determining entrapment. If it can be proven that the defendant would not have engaged in such activity without the influence of the undercover officers, entrapment becomes a viable defense, potentially leading to the dismissal of charges.
Illegal Search:
When investigating child pornography cases, law enforcement typically obtains a search warrant. However, a defendant may argue that the police conducted an illegal search, thereby violating their constitutional rights. This defense hinges on procedural errors made by the police, such as providing false information in the affidavit to obtain the search warrant or exceeding the scope of the warrant itself. Essentially, even if the defendant did commit the offense, any evidence obtained through an illegal search can be suppressed, resulting in the dismissal of the case.
"To put it simply, child pornography charges have the potential to be nothing short of catastrophic.”
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, and a former CIA Officer. He is a nationally recognized defense attorney in child pornography cases. If you are facing charges related to child pornography, contact Jack Rice Defense for a free and confidential consultation at 651-447-7650 or 612-227-1339. Rest assured, Jack Rice Defense is here to support you.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.