Birmingham Man Arrested for Child Porn

Posted by Steve Eversole | Jun 17, 2015 | 0 Comments

According to a recent news article from Alabama Live, a man from Birmingham was recently arrested and charged with multiple counts of child pornography offenses. The defendant is 42 years-old and being held on $160,000 bond.  It is important to note defendant is presumed innocent unless and until he is found guilty in a court of law, as these are merely criminal allegations.

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Child pornography cases are much different from ordinary criminal cases for a variety of reasons. First, there is the obvious stigma associated with being arrested for child pornography. Everyone assumes defendant is guilty and is some kind of dangerous sexual predator.

However, as our Birmingham child pornography defense attorneys can explain, possession of child pornography does not always involve what one might assume. If you go to a website and view a pornographic image, that image is stored on your computer in the cache file. If the person in the pornographic image was under the age of 18 at the time the photograph was taken, the computer user is now in possession of child pornography.

To make matters worse, possession of child pornography can be charged as a federal offense and can be prosecuted by the United States Attorney's Office.   Anyone who is found guilty of possession of child pornography under the federal statute faces a mandatory minimum of five years in federal prison. This is a sentence the judge cannot suspend, so your lawyers must speak with the prosecutor about the possibility of lesser charges.

While possession of child pornography is bad, manufacture of child pornography is obviously worse. However, the definition of manufacturing child pornography is also not usually what most people would expect. All the government must do is prove the image was on a computer, smartphone, external hard drive, or other memory storage device that was ever in the stream of interstate commerce. In other words, if the image was on an electronic device, which was not manufactured in the state of Alabama, then it was in the stream of interstate commerce, and you can be charged with manufacture of child pornography under the federal statute. It does not matter that the device was in the stream of interstate commerce prior to the image being placed on the device.

The main difference between possession and manufacture of child pornography is the potential penalty. If someone is convicted of manufacture of child pornography, there is a mandatory minimum of 15 years in federal prison. Basically, anyone who is charged with possession of child pornography could also be charged with manufacture, so the Assistant United States Attorney (AUSA) will offer the defendant a plea to possession, so he or she has to spend five years in federal prison instead of 15 years. While there is no question spending five years in prison is better than spending 15, not going to federal prison would obviously be better. The best thing you can do is to speak with an experienced criminal defense attorney who will fight to protect your rights and work to mitigate the possible penalties.

Additional Resources:

Birmingham man arrested on child pornography charges, June 2015, AL.com

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...

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