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Criminal Defense

What is considered child pornography?

By May 2, 2022May 6th, 2022No Comments

Facing charges relating to child pornography can change the course of someone’s life. There are very few offenses so universally abhorred as those involving the violation of children, and the stigma that goes along with even the slightest allegation can destroy someone’s life and livelihood. 

This becomes even more pronounced when charges are filed and someone suddenly finds themselves as a defendant, facing charges of possession of child pornography.

If you or someone you care about has been charged with offenses related to child pornography, getting professional legal help as soon as possible is vital to your defense. At the Frye Law Group, we have helped many people accused of child pornography charges throughout Georgia fight their charges and defend their good name.

What Is Considered Child Pornography In Georgia?

The Georgia criminal code 16-12-100(b)(8) states that it is illegal for anyone to knowingly possess, control, or transmit any material which depicts a minor or part of a minor’s body, engaged in sexual or sexually explicit conduct

This statute is incredibly broad and covers many different types of offenses, including some that many people may not realize. 

Furthermore, the law covers any and all materials, both physical and digital.

Being Accused Of Possessing Child Pornography in Georgia Is More Likely Than You Think

Most people imagine someone being charged with offenses related to child pornography as some deviant, using high-tech equipment to download illegal files from the dark web. 

While this may be true to some extent, there are many more potential situations that can lead to someone facing similar charges. 

Online file sharing is only the beginning, and in those cases, both the sender and the receiver are committing serious felony crimes. 

There are also those that are accused of keeping physical copies of materials, as well as those alleged to have produced or distributed the material. 

Individuals accused of sexual exploitation of children are also commonly charged with other child pornography offenses.

In an age where children are becoming sexually active sooner and sooner, there are also issues where the offenses take place entirely online, like in chat rooms. 

Another very common way that individuals get charged with child pornography offenses is when Georgia teens engage in sexting, where the potentially felonious content is sent and received directly on smartphones.

Penalties for Child Pornography in Georgia

Facing charges of child pornography means that you are also facing some potentially serious penalties as well. 

All charges relating to an adult over the age of 18 having materials depicting someone under 18 are considered felony charges that can include 5 to 20 years in state prison, and a maximum fine of $100,000. 

There are misdemeanor charges of child pornography that are available under specific circumstances. The following cases could serve as examples:

  • If the minor was over 14, but under 18 at the time the material was created, and the defendant was 18 or younger at the time the offense occurred
  • If the defendant did not distribute of the media – or if they did, it wasn’t to harass or abuse the minor or used for any commercial purpose

Your Defense Against Child Pornography Charges In Georgia

Since most child pornography cases heavily rely on digital forensics, having an attorney familiar with similar cases can be the make or break factor in your case.

At the Frye Law Group, we have specific training in fighting difficult cases, as well as extensive knowledge of field and lab testing procedures, making us exceptionally well-equipped to fight DUI cases and other science-backed cases in front of a jury.

We also mandate over 100 specialized hours of training every year. But above all, we never lose our dedication to our clients and our respect for the process that may currently be upending their lives. Contact us today to get started on your defense.

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