If you were arrested and found guilty of a child pornography charge, you’ll have to register as a sex offender. Being accused of a child pornography crime is a serious offense that comes with hefty consequences.
A Montgomery criminal defense attorney from our firm may be able to help you by explaining how the sex offender registry works. We can also build a defense strategy that may prove your innocence and help you stay off the sex offender registry.
What Is Child Pornography?
According to the Department of Justice (DOJ), child pornography is any image, video, or other visual depiction of a child or minor under the age of 18 that is sexually explicit. There are federal and state laws against child pornography, making it a serious offense that could ruin your life if the court were to convict you.
Child pornography crimes include:
- Possession: Watching or having child pornography materials on your person, your computer, or in your home.
- Production: Involvement in the making of child pornography.
- Receipt: Receiving child pornography materials.
- Distribution: Providing or spreading child pornography materials to another person or persons.
- Transportation: Delivering child pornography to a location.
Law enforcement must have probable cause to search you or your home or vehicle for child pornography. Prosecutors in Pennsylvania take child pornography crimes very seriously, which is why we strongly encourage you to consider obtaining legal representation to defend you against these charges. There is a lot at stake, and a defense lawyer with experience handling child pornography cases may be able to help you.
What Are the Penalties for Child Pornography Charges?
With such a serious group of crimes, especially with federal and state laws in play, you may understandably worry about the penalties you may face. We believe in preparing clients for every possibility, and it’s important to prepare for the penalties a judge could hand down during sentencing should the court convict you.
For any child pornography offense, you could spend years in prison and face expensive fines. As laws crack down on child pornography, it’s important to understand your rights. You are innocent until proven guilty, you have the right to legal representation, and the burden of proof is on the prosecution. A lawyer can build a defense and protect your rights so you don’t have to fight the child pornography charges against you alone.
What Is the Sex Offender Registry?
In addition to prison time and monetary fines, it’s likely you’ll have to register as a sex offender. The sex offender registry is a database listing the identities of those convicted of sex crimes in the state. People can search the National Sex Offender Public Website for sex offenders in their neighborhoods. Your name, address, physical appearance, and criminal record are included in the registry.
This information is on the Internet, and it is public, which can have a severe impact on where you can live, what jobs you can apply for, and your reputation for life. Failing to register as a sex offender is a federal offense punishable by an additional 30 years on your sentence if the court convicts you on new charges for a violent federal crime.
Depending on the seriousness of the crime, the court may require you to update your registry every year, semi-annually, quarterly, or monthly.
Do You Have to Register as a Sex Offender If the Police Arrest You for Child Pornography?
The only time you must register as a sex offender is after a conviction. You do not have to register as a sex offender merely because the police arrested you. You may be under arrest, and you may face charges, but an arrest and charges are not a conviction.
Again, you are innocent until proven guilty and the task of proving you guilty is on the prosecution. Until the court convicts you, you do not have to register as a sex offender.
What Can a Criminal Defense Lawyer Do to Help You Fight Child Pornography Charges?
Your freedom is at stake, and so is the future you had planned. A conviction on child pornography charges not only carries legal penalties but also a social stigma. Aggressively fighting these charges could keep you out of jail and off the sex offender registry. A lawyer from our firm can help you by:
- Investigating the charges against you and the circumstances that led to your arrest
- Gathering physical evidence and witness statements
- Filing a motion to secure your release from jail on bail
- Building a defense strategy against your criminal charges
- Negotiating a plea deal to reduce the charges and penalties
- Representing you in court
We could argue that the child pornography is not yours, but belongs to someone else. It’s also possible we could argue that you accidentally viewed the material. If we secure your release on bail, it’s crucial that you make it to your appearance in court or the judge will issue a bench warrant for your arrest or detainment. The founder of our firm is a former criminal prosecutor, which gives us unique insight into how the prosecution will handle and pursue your case.
Learn More About Child Pornography Charges and the Sex Offender Registry Today
If the police arrest you on child pornography charges, and you are found guilty of a criminal offense, you’ll have to register as a sex offender. We encourage you to consider hiring a lawyer so you don’t have to navigate the legal process alone. Child pornography charges are already damaging enough, but a conviction will negatively impact you and your family for years to come.
A sex offense lawyer from McKenzie Law Firm, P.C. is ready to fight for you. To learn more about child pornography charges and the sex offender registry, or to begin with a consultation, please contact our office today.
