June 19, 2024

Child pornography is one of the worst Internet crimes existing in the world. It happens when any video or other media content sexual in nature includes a minor child. It is a crime even when a picture has been modified or altered to make the minor look engaged in pornographic content, such as sexual intercourse, masturbation, lewd exhibition of genitals, etc. 

The laws in all the US states regarding child pornography are extremely strict. The defendant may face life-altering punishments. Moreover, they may face negative publicity even if they are innocent. This generation of social media circulates news fast, even faster when it is fake. If you were falsely accused, contact a Massachusetts sex crimes defense attorney today. 

Common defenses against a child pornography possession case

  • The defendant was not in possession of child pornography. 

The number one defense, and most commonly used, is that the accusations were false and that the defendant was not actually in possession of the said child pornography. This defense can be used in situations like when the illegal content is found in a shared device, like a work computer. There may have been someone else who put the content on that device. 

The defense can also be used when the defendant’s personal computer was accessed by another person, with or without their knowledge. 

  • Illegal search and seizure. 

A common defense strategy is to investigate and question the police officers’ conduct. Not all police officers are allowed to search someone’s property, be it your house or car. Only law enforcement officers with a valid search warrant can conduct searches. Therefore, if you believe that the officer who made the search and found the pornographic content did not have a warrant or did so illegally, you can use the defense. 

  • The possession was “accidental” and not “intentional.” 

When it comes to legal cases like child pornography possession, the intention of the defendant matters more than most people think. The digital world is tricky, and it is easily possible for a file to be downloaded or transferred to your device by mistake. This defense is especially helpful in cases where the defendant is not tech-savvy or good with modern devices. Accidental possession of files is a common scenario. 

  • The “zombie computer” defense. 

The “zombie computer” defense is when someone else gains access to your computer, smartphone, or other device and downloads pictures or videos of child pornography. The actor could even hide the files to prevent the owner from finding out. Therefore, the owner could be using their computer for a long while without knowing that the illegal file exists on it. 

Hire an attorney today.