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Possible child pornography defenses

All crimes related to child pornography carry serious consequences.  The possession, production, and distribution of child pornography in Denver are governed by federal statutes, and a conviction of any of those charges can bring long prison terms.

Fortunately, an experienced attorney will have several possible defenses they can use against any kind of child pornography charge.  Some of those defenses may include:

Lack of intent.  Accidentally landing on the wrong website and not spending too much time on it may be able to be used as a defense, supporting the notion that the defendant did not knowingly or intentionally view materials that could be construed as child pornography.

Illegal seizure by the police.  If a warrant was obtained and served under false pretenses, then any materials found cannot be used in a case against a defendant.  Even if a warrant is proper, sometimes law enforcement can go beyond the scope of the warrant, which also leads to inadmissible evidence.

The content is not child pornography.  Certain images may be considered as having a legitimate educational or scientific value.

Non-ownership.  It is possible to mount a defense in some cases that the images did not belong to a defendant because somebody else downloaded them onto the computer, perhaps in a work situation.  In other cases, a bitter or angry spouse may plant them on the other spouse’s computer to cast them in an unfavorable light during a divorce proceeding.

Entrapment.  Sometimes police may persuade a person to commit an illegal act they would not have committed otherwise, such as downloading child pornography or selling child pornography in a set of tapes or DVDS that are otherwise legal.

Psychological addiction.  This may not lead to a dismissal but could result in a reduction of charges in some cases.
Newell & Decker serves clients in Denver and nearby Colorado communities.

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