Few accusations are as damaging as being accused of possessing or distributing child pornography. Your reputation can be permanently tarnished. You may have trouble finding a job. In many cases, you’ll be excluded and ostracized by people you thought were your friends. And aside from that are severe penalties. If you are found guilty, the law is strict, and you could face heavy fines and a long jail sentence. In this situation, you need all the help you can get as fast as you can get it.
Dan Carman and Attorneys Can Help
If you’ve been accused, charged or arrested for possessing or distributing child pornography in Kentucky, Dan Carman Attorney at Law,PLLC can help. Dan Carman is licensed to practice law in all courts of the Commonwealth of Kentucky. Dan Carman’s Office has taken criminal defense cases of all types, and have the resources and experience to help. Contact us as soon as possible to start setting up your defense. For answers to your questions or to set up a consultation, contact us online or call (859) 685-1055.
Kentucky Child Pornography Definitions and Restrictions
Both Kentucky and federal law state it is illegal to possess, distribute, create or promote any media of a minor in any of several sexual acts. According to Findlaw, these include:
- Acts, real or simulated, that include masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or deviant sexual intercourse
- Physical contact with or exhibiting the genitals
- Exposing genitals, the pubic area, buttocks or female breasts in an obscene manner.
Kentucky Child Pornography Statutes and Penalties
KRS 531.320 prohibits producing, directing or promoting any performance which includes sexual conduct by a minor.
Penalty: If minor is less than 18, Class C felony; under 16, Class B felony; if minor is injured, Class A felony.
KRS 531.335 prohibits possessing or viewing media that shows sexual conduct by a minor.
Penalty: Class D felony.
Exception: The law does not apply if the media is viewed inadvertently or accidently, if the media is viewed in the course of a law enforcement investigation, or if minor, minor’s parents or school view to analyze if violations have been committed.
KRS 531.340 prohibits distributing child pornography by making material available in the state of Kentucky for sale or distribution, or exhibiting material in Kentucky for profit, distributing or intending to distribute.
Penalty: First offense, Class D felony.
Each subsequent offense, Class C felony.
KRS 531.350 prohibits knowingly selling child pornography.
Penalty: First Offense, Class A misdemeanor.
Subsequent offenses, Class C felony.
National Sex Offender Database
If convicted of possession or distribution of child pornography, the defendant in most cases will be forced to register and give a DNA sample for filing with the Kentucky Sex Offender Registry. This registry includes all sex offenders in the state, and registration prohibits living near or coming within 1,000 feet of a school, day-care facility, or publicly owned playground. Depending on the charges, a sex offender must stay on the registry a minimum of 20 years, and their information will be placed on a database available to the public.
Kentucky Child Pornography Defense
It is imperative to retain legal counsel as soon as possible if you have been charged or believe you will be charged with possession or distribution of child pornography. Your attorney will need to settle on a defense strategy as soon as possible, as well as make sure all legal formalities are in place. You do have choices. The online law data base Justia mentions just a few of the possible defense strategies to defend against the charges:
- Possession of the pornography was unintentional. As adult pornography is legal, it is possible that the defendant accidentally purchased or downloaded materials involving minors.
- If the material is on a computer with multiple users, it may not have been the defendant who downloaded the illegal material.
- Defendants may also use a procedural defense. Because law enforcement cannot search a computer or home for legal materials without probable cause of a crime or a search warrant, the search itself may have been illegal and as a result the charges will not stand.
If you or a loved one has been accused of a crime in Lexington, Kentucky, Dan Carman can help. We have represented countless clients to ensure that they are treated fairly, providing an aggressive defense to achieve the best possible result. We have fought on behalf of our clients for years and are here to represent your best interests, too. Please contact us online or call us at: (859) 685-1055.