Fort Wayne Attorney Defends Clients Charged with Possession and Distribution of Child Pornography
Indiana advocate provides discreet defense to stigmatizing felony charges
Perhaps no criminal charges stir up as much societal shame as those related to the sexual exploitation of children. So, if you have been arrested for possession or distribution of child pornography, you have a legal battle on your hands and must fight to maintain your reputation. The Law Offices of Ryan E. Lackey understands what hangs in the balance: your freedom, your good name, and your ability to live and work without a cloud of suspicion. We work tirelessly to protect your rights, challenge the elements of the case against you, and resolve your case on the most favorable terms possible.
Charges related to child porn in Indiana
Depending on the facts of the case, a defendant who possesses or shares child pornography can be charged with:
- Child exploitation — Anyone who knowingly creates, sells, sends, or presents materials showing sexual conduct or showing the genitals or breasts of children in person or on a computer commits a Level 5 felony.
- Possession of child pornography — This means knowingly having pictures or films lacking any literary, scientific, or educational value that depict sexual conduct by a child under 18. The offense is a Level 6 felony.
- Sale, distribution or exhibition of child pornography — This offense is a Level 6 felony, as opposed to selling adult pornography, which is a Class A misdemeanor.
- Knowingly showing, managing, or presenting depictions — If an “obscene performance” involves children under 18, the offense is a Level 6 felony. If the performance depicts adults, the offense is a Class A misdemeanor.
- Dissemination of matter or conducting performance harmful to minors — Showing or giving pornographic images to minors or presenting sexual performances in front of minors is a Level 6 felony.
- Sexual trafficking of a minor — Anyone who knowingly sells or sends a child for prostitution or other sexual conduct commits a Level 2 felony.
- Child molesting — Having sex or other sexual contact with a child under 14 years old is usually a Level 3 felony, but it is a Level 1 felony if the offender is over age 21 or the act involved weapons, serious injury, or date-rape drugs. Fondling a child under 14 is usually a Level 4 felony but is charged as a Level 2 offense if the aggravating factors mentioned above are present.
- Sexual conduct in the presence of a minor — If an adult knowingly causes a 14- or 15-year-old child to touch himself or herself for the adult’s sexual gratification, the offense is a Level 5 felony. If the child is under 14, it’s a Level 4 felony. However, if the offense was accomplished through force, with weapons, or through the incapacity of the victim, it’s a Level 3 felony.
A conviction for one of these offenses could result in six months to 40 years in prison. However, it’s also important to note that federal authorities often work with local police on child porn investigations, so federal charges can issue. Moreover, when it comes to possession of child porn, authorities can charge one offense for every image a suspect has on his computer. When facing such severe potential consequences, it’s vitally important to have an experienced criminal defense attorney you can trust to fight for your rights.
Contact a determined Indiana criminal defense lawyer to fight child pornography charges
If you have been charged with an offense related to child pornography, The Law Offices of Ryan E. Lackey is prepared to help. For a free consultation and cost-effective representation from an experienced Fort Wayne attorney, please contact the firm online or call us at 260-222-7364.