The growth and prevalence of the Internet has resulted in an increasing volume of online criminal activity carried out in ever more sophisticated methods. Common online criminal offenses include fraud, child pornography and solicitation of minors among other offenses. Internet crimes like child pornography are taken very seriously with special highly skilled units charged with investigating and enforcing Internet crimes. The FBI has special agents that investigate Internet offenses like child pornography offenses, and federal prosecutors have teams of attorneys with special expertise in prosecuting Internet crimes. Even if you are currently only under investigation for Internet child pornography in Pennsylvania, it is advisable to seek legal advice immediately.
Many accused of child pornography are unsuspecting victims of the prevalence and availability of child pornography often disguised or labeled as legal files or websites. Child pornography includes possession, trafficking and producing images of children engaged in sexual activity using a computer. The production, distribution or possession of child pornography is a violation of both state and federal law. The FBI has very powerful law enforcement tools for enforcing federal laws including software that permits authorities to rapidly obtain addresses of anyone who has viewed child pornography.
An experienced Internet child pornography attorney will carefully investigate how the images were discovered and the legal sufficiency of the basis for obtaining the search warrant. Sometimes those accused of child pornography stumble across such a site by mistake with no intention to view the images. A person accused of engaging in the viewing or downloading of child pornography may also be a victim of an Internet virus like a Trojan virus. Many viruses permit others to access and download content on one’s computer from a remote location. Pornographic images also may be downloaded by someone other than the accused if others share access to the computer.
Our law firm works closely with Internet computer experts who can conduct a forensic analysis of your computer to identify other possible sources for any illegal images such as unauthorized access via a Trojan virus. Under Pennsylvania law, a prosecutor must show that you “knowingly” possessed child pornographic images. This means that the mere fact there is evidence in one’s cache that shows that illegal images were viewed in the past may not be sufficient because most Internet users are not even aware of the cache on their computer.
Another reason that a person may not be aware of illegal images stored on one’s computer is because sometimes a person has bulk downloads from sites like Limewire. With shareware programs like these, the images cannot even be previewed until they have been downloaded. The files may also carry names that are misleading so that there is no indication that they include child porn images. Prosecutors also may try to make names like “Lolita” sound incriminating though they can apply equally to images that do not involve child pornography.
If you are under investigation or arrested for child pornography charges, you should seek immediate legal advice. Our experienced child pornography lawyers routinely work with experts who can analyze your computer to identify appropriate defenses. A conviction for engaging in Internet child pornography can result in serious prison time including five years for a single child porn image. A conviction may also require registering as a s sex offender, which may mean serious damage to your reputation, relationship and career.
Michael V. Worgul is a Pittsburgh defense attorney who has defended hundreds of Pennsylvania residents charged with serious criminal offenses including those involving Internet child pornography so call us today at 412-475-9217 to see how we can help. We are waiting to start fighting for your freedom, career and reputation!
