If you have recently been accused of a sex crime, particularly those involving children or child pornography, your reputation and future could be destroyed. Such accusations will have a permanent impact on your life. If you hope to retain any sense of normalcy and put this experience behind you, you must get an aggressive legal defender on your side.
What is Child Porn?
According to New Mexico law, child pornography includes any type of visual depiction, including computer-generated images, pictures, videos, or films that involve a minor engaging in sexual activity or contact. Child pornography can also include individuals appearing to be minors.
Under state law, minors include anyone under the age of 18. It should also be noted that according to the child pornography statute, sexual activity can consist of any simulated or actual sexual intercourse, such as:
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Child Porn Charges
You can be charged with multiple child pornography offenses in New Mexico. Your child pornography defense lawyer will be responsible for proving that you do not meet the elements of a crime or that there is insufficient evidence to result in a conviction.
Some examples of child pornography charges you could face in Albuquerque include the following:
Each offense carries its own penalties. Some also can potentially be charged at the federal level, which means additional criminal consequences.
Penalties
The criminal penalties you can expect if you are convicted of a child pornography offense vary depending on the charge you are found guilty of. First-time offenders may face lesser penalties, while habitual offenders will see far more severe consequences.
You can expect to spend time in jail or prison, pay court fines, pay restitution to the alleged victims in your case, and be required to register as a sex offender. Someone convicted of producing child pornography as a first offense can expect to spend up to 30 years in a New Mexico State prison. However, someone charged with transporting child pornography faces up to 20 years in a New Mexico State prison.
If you must register as a sex offender, it could devastate your ability to return to your life. You might face housing restrictions, have your name, address, and photo added to the state sex offender registry, and your reputation will permanently reflect your child pornography conviction. This may make it difficult or impossible for you to find gainful employment, rebuild relationships with family and friends, and otherwise live your life normally.
According to 18 U.S.C. Chapter 110, you can face federal charges for child pornography crimes. The federal judicial system imposes mandatory minimum sentences based on each type of child pornography offense.
For example, possessing child pornography might not carry a minimum sentence, but receiving child pornography carries a minimum sentence of five years in federal prison. Generally, federal child pornography charges will apply if there are numerous depictions, or the defendant is accused of engaging in any child pornography offense across state lines.
Defense Options
You can expect your child pornography defense attorney to review the elements of your charges as we prepare your defense strategy. For example, you can only be convicted of possessing child pornography if you knew or intended to possess it and it was in your physical control. If the prosecutor has not met the elements of the offense, your child pornography attorney in Albuquerque, NM, might get the charges against you dismissed entirely.
Your attorney might use the entrapment defense, depending on your case. Entrapment means police officers or law enforcement officials have convinced you to commit a crime you would not have otherwise committed.
We see this often in internet sting operations where law enforcement officials might pose as individuals looking to purchase child pornography, selling child pornography, or as pedophiles baiting chat room participants into sharing child pornography depictions. For this defense to be successful, your sex crimes defense lawyer must show that you were not inclined to engage in any child pornography crime.
Other potential defenses include:
Your defense attorney could hire web specialists to determine where these images originated, work with forensic computer analysts to determine whether the technology has been manipulated, and work tirelessly to show that the prosecutor has not proven your guilt beyond a reasonable doubt.
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You have the right to defend yourself when accused of a criminal offense. The impact a child pornography conviction could have on your life is undeniable. If you hope to protect your future, rebuild your reputation, and avoid the penalties of a guilty verdict, you must take steps to prepare a powerful defense.
Contact our aggressive child pornography lawyers in Albuquerque, NM, at Harrison & Hart, LLC today. Complete our secured contact form or call our office at (505) 295-3261 to learn more about how to craft a compelling defense strategy.
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From our office in Albuquerque, Harrison & Hart, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.
