Possession of Child Pornography Spells Serious Trouble
With the advent of the internet, it has become ever easier to download and share child pornography. And as pedophiles become experts at obtaining child pornography through internet and other sources, government law enforcement agencies have stayed in lockstep, cracking down fiercely on possession.
Oklahoma has a number of statues that you may be charged with if you are caught with child pornography in your possession. In Oklahoma, it is a felony to possess, view or distribute child pornography. If you are caught in possession of even a single image of child pornography, or caught buying or procuring such an image, you could be subject to as many as 20 years in prison and face a fine as much as $25,000. Okla. Stat. tit. 21 § 1024.2.
Child pornography is found in many forms of media: movies. photographs, videos, and computer files. It is defined as any such medium or any other material containing sexually explicit depictions of children under the age of 18.
The type of sexual depictions covered in the law are numerous and include, but are not limited to, a child engaged in any kind of sexual act with a person or animal, depictions of ejaculation, urination or defecation in a sexual context. It also includes showing a child in bondage or fettered, involved in any act of masturbation, or showing exposed genitals, buttocks or breasts of a minor, and any depiction of a child for the purpose of sexual stimulation of the viewer. Okla. Stat. tit. 21 § 1024.1.
It is also illegal for a person to knowingly participate in the creation, display or sale of child pornography, including the acts of photographing, posing for, modeling for, printing, distribution, and publication of any materials deemed to be obscene or child pornography. Okla. Stat. tit. 21 § 1040.8. If convicted for possession of child pornography under this section, you could face as many as 20 years and as much as $10,000 for the first conviction and as many as 30 years and as much as $20,000 for a subsequent conviction.
Finally, you could be charged with aggravated possession of child pornography if you are caught with 100 or more pieces of child pornography – even if it is 100 copies of the same picture. Okla. Stat. tit. 21 § 1040.12a. If convicted, you could serve life in prison and pay a fine as much as $10,000.
There are a number of defenses that your experienced Wagoner felony defense attorney can explore with you if you are being charged with possession of child pornography. This is why it is critical to hire experienced local counsel.
If the evidence was found as an illegal search and seizure, the evidence will most likely be suppressed. Constitutional violations are taken seriously by the courts. Never consent to a search. If the evidence is found on a shared computer, it may be that the pictures do not belong to you, but to another with access to the computer. If you are caught with one piece of evidence, it may be that the obtaining of it was accidental.
Your attorney will know what defenses are supported by the evidence and what may not be. These are serious crimes with serious consequences in Oklahoma. A conviction can ruin relationships with friends and family members and will forever alter your life. You are branded as a sex offender and must register as a such. If you or a loved one have been charged with possession of child pornography in the Wagoner area, it is important to seek out the help you will need to protect your freedom.
Call for Your Free Consultation With an Experienced Felony Defense Attorney
If convicted of this crime in Oklahoma, you could face years in prison. It is critical that you hire an experienced Wagoner felony defense attorney to protect your freedom.
Call us today for a free consultation with a Wagoner felony defense attorney. Call the Wirth Law Office-Wagoner at (918) 485-0335 or toll free at (888) Wirth-Law. Or as always, you may enter a legal question in the form at the top of this page and one of our attorneys will get right back to you.
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