Have you been accused of a crime involving child pornography in Lexington, KY? You don’t have any time to waste. Even allegations that you committed a sex crime involving a child can destroy your life. An aggressive Lexington child pornography lawyer at Suhre & Associates, LLC can begin fighting for you today.
Since 2009, our attorneys have dedicated our practice to fighting for people accused of crimes in Lexington, Kentucky.
We’ve helped countless clients beat the charges and are ready to put that experience to work for you. You probably have a million questions if you’re reading this. Call our law offices at (859) 569-4014. to schedule a free consultation today so that we can discuss your case in detail.
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How Suhre & Associates, LLC Can Help if You Were Arrested on Child Pornography Charges in Lexington?
Few criminal charges carry the stigma like child pornography charges. If you’ve been charged, your face could be on the evening news before you’ve even had a chance to tell your side of the story. It can be tough to find the energy to fight back.
A knowledgeable Lexington criminal defense lawyer at Suhre & Associates, LLC can help. In our offices, every single defendant is innocent until proven guilty. We’ll listen to your side of the story and fight to help clear your name.
When you hire our team, your lawyer will:
- Launch a full investigation to locate any exculpatory evidence to prove your innocence
- Help you understand all legal options that are on the table
- Negotiate with the prosecuting attorney to get your charges downgraded or dismissed if possible
- Aggressively defend your rights at trial if necessary
You can trust our Lexington criminal defense attorneys to treat you with dignity and respect, regardless of the charges you’re facing. We’ll fight to get the best result possible for you.
Are you ready to start fighting back? Give us a call in Lexington, KY, today. We’ll review your case for free, so there’s no risk in calling.
Overview of Child Pornography Laws in Kentucky
Kentucky takes any allegations involving child sexual abuse extremely seriously. Conviction for any crime involving sexual exploitation of a minor almost always carries prison time and a permanent criminal record that could haunt you for the rest of your life.
If your facing child pornography charges in Lexington, local law enforcement and prosecutors will go to great lengths to convict. If successful, they could change your life dramatically.
At Suhre & Associates, LLC, clearing your name is our top priority. To learn more about how we can help, contact our law firm to schedule a free consultation today.
Possession or Viewing Child Pornography
Possession or viewing of any type of child pornography is a Class D felony under Kentucky law. Under state and federal law, child pornography includes any kind of visual depiction, including books, magazines, drawings, videos, and live images transferred over the Internet.
Kentucky Revised Statute Section 531.335 makes it a crime to:
- Knowingly possess or control any matter which visually depicts an actual sexual performance by a minor person
- Intentionally view any matter which visually depicts an actual sexual performance by a minor person
Kentucky law defines sexual performance to include masturbation, sexual intercourse, homosexuality, lesbianism, bestiality, or deviant sexual intercourse. However, the prosecution is required to prove that the defendant knew that the sexual performance was by a minor under the age of 18.
The law contains an affirmative defense for defendants who accidentally access child pornography. In other words, prosecutors can’t convict unless they can prove that you viewed the material on purpose.
Promotion and Production of Child Pornography
Producing child pornography is an extremely serious felony. A person can be found guilty of promoting a sexual performance by a minor for producing, directing, or promoting sexual conduct by a minor.
Under Kentucky Revised Statute Section 531.320, promoting sexual performance of a minor is graded as:
- A Class C felony if the minor was under the age of 18
- A Class B felony if the minor was under the age of 16
- A Class A felony if the minor was injured in the production of child pornography
To convict, the prosecution must also prove that the defendant knew the character and content of the materials in question.
Distributing Child Pornography
Distributing child pornography is illegal in the state of Kentucky. Prosecutors can charge first offenders with a Class D felony for bringing or sending any child pornography into the state for sale or distribution.
Behavior that can lead to a conviction for distribution of child pornography include:
- Exhibiting child pornography for profit or gain
- Distributing child pornography
- Offering to distribute child pornography
- Possessing any matter portraying a sexual performance by a minor with (1) the intent to distribute, (2) exhibit for profit or gain, or (3) offer to distribute the materials
Prosecutors can assume that a person who has more than one piece of child pornography in their possession had the intent to distribute the materials.
Use of a Minor in a Sexual Performance
The offense of using a minor in a sexual performance is defined in Kentucky Revised Statute Section 531.310. Under the law, a person is guilty of using a minor in a sexual performance if he or she employs, consents to, authorizes, or induces the minor to engage in sexual performance.
The crime is graded as:
- A Class C felony if the minor was under the age of 18
- A Class B felony if the minor was under the age of 16
- A Class A felony if the minor was injured
If you’ve been charged with possession of child pornography or any offense involving the sexual exploitation of a child, call for legal advice today. The sooner we get started, the better your chances of beating the charges.
What are the Penalties for Child Pornography in Lexington, Kentucky
Child pornography offenses are almost always felonies in Kentucky.
If convicted, you could face a prison sentence of:
- Up to five years in prison for a Class D felony
- Between five and ten years in prison for a Class C felony
- Between ten and 20 years in prison for a Class B felony
- Between 20 and 50 years or life imprisonment for a Class A felony
Your punishment won’t end when you’re released from prison. Child pornography is a sex offense. Convicted sex offenders are required to register with the Kentucky Sex Offender Registry upon release from prison.
Sex offender registration in itself will have life-altering consequences that include:
- Personal details about your identity and crime will be made available to the public
- You can be prohibited from entering certain buildings, including schools and daycares
- Difficulty finding a place to live or employment
- Travel restrictions
Law enforcement may also be able to monitor your online activities and restrict your ability to use the internet.
Certain sex crimes can never be expunged from your criminal record–and sex offender registry requirements can also last a lifetime. With so much on the line, you need an experienced criminal defense lawyer on your side. Call Suhre & Associates, LLC right away if you were charged with child pornography in Lexington.
What Defenses Can Be Raised if I’m Accused of Child Pornography?
At Suhre & Associates, LLC, our attorneys respect your rights. We believe that you’re innocent until proven guilty beyond a reasonable doubt–and our lawyers are dedicated to making that as tough as possible for the prosecutor.
We’ll start by conducting a full-scale investigation into your case. We won’t simply rely on the prosecution’s evidence. Prosecutorial evidence is designed to make you look as guilty as possible. We’ll locate our own evidence and work to contradict the prosecutor at every turn.
In short, we’ll work tirelessly to identify and use every available defense strategy in your case. We know that your life and reputation are literally on the line–and we take our responsibility to our clients seriously.
In child pornography cases, effective defense strategies can vary dramatically from case to case.
Your defense strategy might include:
- Lack of knowledge or intent to view sexual performance by a minor
- Evidence that other people had access to your computer or device where the materials were found
- Proof that the materials in question portrayed adults
- Challenges to whether police had constitutional authority to search your home, vehicle, or electronic devices
- Insufficient evidence to prove every element of the offense beyond a reasonable doubt
- False allegations
In child pornography cases, prosecutors will fight tooth and nail to convict–even if the evidence against you is weak. Our experienced Lexington child pornography attorneys can help you develop an effective defense to fight back. Just call our criminal defense law firm to schedule a free consultation.
Schedule a Free Consultation With a Lexington Child Pornography Lawyer
Have you been charged with a crime involving child pornography in Lexington? The government has virtually unlimited resources to use to convict you. Don’t wait to take action. Call a Lexington child pornography lawyer at Suhre & Associates, LLC for immediate legal assistance today.
