Can I still be charged with possession of child pornography if it was an accident?
In the state of Louisiana, it’s illegal to possess sexually explicit images or videos of juveniles (anyone under the age of 17). Lack of knowledge of their age is not a valid defense.
In some cases, people who are charged with child pornography claim it was accidental. They contend that they didn’t intend to view or download the images or that they never even existed on their computer or device at all.
If you’ve been charged with possession of child pornography in Louisiana, you need to seek legal advice. Contact a Lake Charles internet crime lawyer from the Johnson Firm by calling (337) 433-1414. We will look at your case and discuss the best options.
Accidental download isn’t always a defense
If child pornography is found on your computer or other electronic devices, claiming it was an accident isn’t always a valid defense.
It could help lower the severity of the consequences if you can prove you didn’t intend to distribute the images or you didn’t produce or manufacture them. However, you could still be held responsible for the images or videos being in your possession.
Defending yourself against child pornography charges is a very delicate and difficult process. These laws are in place to protect innocent children and juveniles under the age of 17.
Reach out to an attorney and share all of the details. They’ll be able to tell you exactly what they can do and your best options.
How Louisiana law defines child pornography
Louisiana is very clear on the definition of child pornography. According to RS 14.81.1:
“It shall be unlawful for a person to produce, promote, advertise, distribute, possess, or possess with the intent to distribute pornography involving juveniles…‘Pornography involving juveniles’ is any photograph, videotape, film, or other reproduction, whether electronic or otherwise, of any sexual performance involving a child under the age of seventeen.”
This means that possessing images or videos of teenagers performing sexual acts constitutes juvenile pornography. Not knowing their age or believing them when they told you they were 18 are not valid defenses in court. You also cannot claim that the teenager consented or that the parents or guardians gave their consent.
In fact, if you have proof that the parents or legal guardians consented to their teenager under the age of 17 sending sexually explicit content, they could be held responsible as well.
In other words, sexual videos or photos of children or teenagers are illegal to produce, possess, and send to other people. There are no legal caveats to this, juvenile pornography is never allowed under any circumstances.
Charged with an internet crime? Let us come to your defense.
Child pornography charges are as serious as they seem. If you’re charged with possession of child pornography, you need to speak to an attorney you can trust.
Contact an internet crimes lawyer from The Johnson Firm today. Call (337) 433-1414 to discuss your options.