Legal Rights of those Charged with Child Pornography

Child pornography is a felony in all states. Child pornography is considered child abuse. If you are charged with child pornography, it is important that you understand your legal rights.

Child Pornography

Child pornography refers to the visual depiction of minors and children engaging in sexual activities. The visual depiction of a minor’s genitals also constitutes child pornography. Production, distribution, sale and possession of child pornography materials are illegal in the US. To be convicted the prosecution must establish that you knowingly produced, received or possessed child pornography material.

Evidence

The police must give you the Miranda warning when they arrest you. The Miranda warning will inform you of your right to remain silent. You have the right to remain silent. If the police do not give you the Miranda warning and question you, the answers you provide them cannot be used in a court of law. Even if the Miranda warning is given to you, you can exercise your right to remain silent. Remember the police will be under tremendous pressure to obtain a conviction. So they will use anything and everything you say against you. If you want to answer their questions, you have the right to have your attorney present during the questioning. The Fourth Amendment rights under the United States Constitution guarantees you protection against searches and seizures by the police and other law enforcement agencies. The police must have a valid search warrant issued by a judge. Any evidence obtained from a search and seizure conducted without a valid search warrant will be subject to the exclusionary rule which prohibits such evidence from being admitted in a court.

Other Legal Rights

You have the right to a jury trial. Generally the jury must have 12 members. However at times, a jury can consist of 6 members. In case of a 6 member jury you can be convicted only if all the 6 members of the jury are unanimous in finding you guilty of the offense charged. In most cases of child abuse including child pornography you will not be allowed to confront the victim. The victim in such cases generally testifies via video. Your attorney can remain present where the victim is testifying and can cross examine the witness.

Getting Legal Help

If you are charged with child pornography, contact an experienced child molestation attorney. The attorney can advise you on your legal rights and can ensure that your legal rights are not violated.