Possessing depictions of minors involved in sexually explicit conduct, otherwise known as child pornography, is punished severely. If you are being investigated on child pornography charges or have been arrested and charged, it is critical to work with an attorney who handles these specific cases.

A New Haven child pornography lawyer at Ruane Attorneys will listen to your story and develop an effective legal strategy for your situation. Contact us immediately to get started on your defense.

How Law Enforcement Tracks Child Pornography

Almost all pornography is now distributed through digital files over the internet. Federal and state law enforcement agencies train detectives and create special units to track images of child pornography. Working with local internet providers, they can trace the images to the computers that download them.

Once law enforcement personnel identify the specific computer that downloaded an image, they can obtain a search warrant and seize it. In most cases, they also seize any cell phones, tablets, or other devices the computer’s owner possesses. Specialists in computer forensics then search the devices for images of child sexual abuse.

Depending on the circumstances, police might not arrest the computer’s owner when they execute the search warrant. Whether the police take a computer’s owner into custody at the time of the search, the individual should contact a New Haven child pornography attorney as soon as possible—even while law enforcement conducts the investigation.

Degrees of Child Pornography Charges in New Haven

The severity of child pornography charges depends on the number of individual images law enforcement finds. Movies and videos are considered compilations of still images, so possessing one short video could be the legal equivalent of possessing hundreds of images.

Third-Degree Possession

Possessing fewer than 20 images of explicit material leads to charges of third-degree possession of child pornography. Upon conviction, a person faces a mandatory jail term of one year and a possible jail term of up to five years.

Second-Degree Possession

Possessing between 20 and 49 images leads to second-degree possession of child pornography charges. A convicted person must serve at least two years in prison and could serve up to ten years.

First-Degree Possession

According to Connecticut General Statutes §53a-196d, 50 or more images leads to a charge of first-degree possession of child pornography. In addition, possessing just one image that depicts inflicting injury or threatening to inflict injury on a child leads to a first-degree charge. The crime carries a mandatory minimum of five years in prison, and the prison term could be as long as 20 years.

Penalties for a Child Pornography Conviction

Courts can impose hefty fines on people convicted of possessing child pornography. As a New Haven attorney could explain, a child pornography conviction also requires long probation terms and registration as a sex offender after release from prison.

Sex offender probation is closely supervised probation by a specially trained probation officer. Depending on the circumstances, a person might have to report any romantic relationships, live only in approved housing, avoid contact with children, or wear an electronic ankle bracelet. Sex offender probation lasts up to 20 years for people convicted of possessing child pornography.

The sex offender registry contains a convicted person’s current photograph, address, age, sex crime conviction history, and other identifying information. The public can search the registry. Listing on the sex crimes registry severely limits a person’s opportunities for housing, employment, and participation in the community.

Challenging Child Pornography Possession Charges

Facing charges related to child pornography is a daunting prospect, but a New Haven attorney could raise multiple defenses to question the evidence or its connection to the accused. For example, if several people had access to a computer, it could be difficult to tie the downloaded material to a particular resident of the premises.

Many pornography files have misleading names that indicate the people depicted in the images are of legal age. Arguing that an individual did not realize the files contained child pornography could persuade a prosecutor to reduce a charge. A defense lawyer could employ an independent forensic examiner to count the images on a device. If their investigation reveals fewer files than the prosecutor asserts, it could be possible to reduce a charge.

A New Haven attorney could review police procedures and documents to ensure that law enforcement respected the accused’s Constitutional rights during the child pornography investigation. Failure to follow proper procedures could lead a judge to suppress the evidence, meaning the prosecutor could not use it to prove the case. Prosecutors often dismiss charges under these circumstances.

Contact a New Haven Attorney for Child Pornography Charges

If the police have seized your computer and the search warrant indicates they will search it for images of child pornography, you risk severe penalties. Get an attorney working for you immediately to protect your rights and defend your case.

A New Haven child pornography lawyer could work to create a tailored strategy for your circumstances. Call Ruane Attorneys today to set up a private consultation.