Few crimes are taken as seriously by prosecutors as the possession or distribution of child pornography. They are also uniquely complex. Child pornography offenses, which are officially referred to in North Carolina as sexual exploitation of a minor crimes, are often prosecuted in federal court. Additionally, in almost all child pornography cases, you will need an expert to refute the government's claims. Given the high stakes and complexity of these cases, if you face child pornography charges, you need a Charlotte criminal defense attorney who will take your case as seriously as you do.
The Olsinski Law Firm, PLLC, is an established criminal defense firm with the experience and resources necessary to fight for the rights of clients charged with major state and federal crimes. Society has a major bias against anyone who is even alleged to have abused a child, and child pornography charges can affect your work, your relationship with friends and family members, and the community as a whole. However, at the same time, you are innocent unless and until the government proves its case beyond a reasonable doubt.
How Does North Carolina Law Define Child Pornography?Child pornography usually consists of images or videos involving a minor child who is nude or performing a sex act. While every sexual exploitation of a minor charge is very serious, the degree of the charge depends on the alleged involvement of the defendant as well as what is depicted in the images or video. For example, creating child pornography is a much more serious crime than downloading illegal images. There are three degrees of exploitation of a minor depending on whether someone is alleged to have created, distributed or possessed child pornography.
First-Degree Sexual Exploitation of a MinorThese offenses involve the manufacture of child pornography, as well as transporting a minor across state lines for the purpose of creating child pornography. First-degree sexual exploitation of a minor is a Class C felony, punishable by a prison sentence between 44 and 182 months.
Second-Degree Sexual Exploitation of a MinorThese offenses include the recreation or duplication of child pornography, such as taking a photograph of an existing image. They also include buying or selling any media that depicts a child engaged in sexual activity. Second-degree sexual exploitation of a minor is a Class E felony, punishable by a prison sentence between 15 and 63 months.
Third-Degree Sexual Exploitation of a MinorThese offenses involve the possession of material that contains a visual representation of a minor engaging in sexual activity. Third-degree sexual exploitation of a minor is a Class H felony, punishable by 4 and 24 months in prison.
In addition to prison time, a conviction for a child pornography offense carries court-mandated sex offender registration for 30 years and lifetime probation.
Defenses to North Carolina Child Pornography ChargesMany child pornography arrests occur from sting operations as part of law enforcement actions to curtail the exploitation of children. However, in their eagerness to make an arrest, law enforcement officers often make mistakes. A skilled Concord child pornography defense attorney can attack the accuracy and validity of warrants, property seizures and arrest procedures. Additionally, an attorney may be able to challenge the “possession” element of the offense by illustrating that, while the material may have been in your possession, you were unaware of its presence. In some cases, the prosecution’s evidence that the material was actually child pornography can be challenged.
Schedule a Free and Confidential Consultation to Discuss Your Case with a North Carolina Child Pornography Defense LawyerIf you’ve been charged with sexual exploitation of a minor, reach out to the Olsinski Law Firm, PLLC, for immediate assistance. At the Olsinski Law Firm, PLLC, we are upfront with each one of our clients. These cases are long and can get expensive. We may suggest hiring an expert, which is an additional cost. However, when it comes to your future and your freedom, we want to ensure that every possible defense is exhausted. We will work closely with you and are always available to answer your questions and explain the process. To learn more, and to schedule a free consultation* with a Charlotte child pornography lawyer, give us a call at 704-405-2580. You can also reach our Concord sex crimes lawyers at 704-918-4747.