Birmingham Child Pornography Attorneys

Defending Clients Who Are Facing Child Pornography Charges in Shelby County, AL

In the state of Alabama, criminal offenses involving child pornography are taken extremely seriously and tend to be aggressively prosecuted. These charges can lead to severe legal consequences, including substantial fines and long-term imprisonment. Moreover, they carry social implications that can drastically affect a person's family, professional life, and reputation. Even an unproven accusation can ruin lives.

At Jaffe, Hanle, Whisonant & Knight, P.C., we understand what is at stake when you have been accused of possessing or distributing child pornography, and we are committed to providing robust defense representation designed to protect your rights and future. Our Birmingham child pornography lawyers not only endeavor to deliver a thorough and compelling defense but also provide compassionate guidance during this challenging time. We value the confidentiality of our clients and maintain absolute discretion, recognizing just how much is at stake. Our proactive approach is designed to minimize the potential impact on your life, ensuring that every possible legal recourse is explored to secure a favorable outcome.

If you are facing child pornography allegations of any kind, do not wait to get legal advice. Call (205) 900-7714 or contact us online today.

What Is Considered “Possession” of Child Pornography in Alabama?

According to Code of Alabama Section 13A-12-192, possession of child pornography involves knowingly possessing any material that visually depicts a person under the age of 17 engaged in any act of sexual conduct. It is crucial to understand that “possession” is not restricted to physically having the material. It also extends to digital copies saved on electronic devices such as computers, smartphones, or cloud storage.

There is a common misconception that merely viewing child pornography does not equate to possession. However, in the eyes of Alabama law, if such material is intentionally viewed on the internet and is consequently saved in the internet browser's cache, even temporarily, it can be considered as possession. This provision of the law underscores the seriousness with which Alabama treats these offenses.

"Knowingly possessing" implies that the individual was aware of the nature of the content they had in their possession, which often becomes a critical point in defense strategies. It is important to note that ignorance of the age of the minor involved, or the minor's consent, does not absolve one of legal responsibility. In this context, the burden of proof lies on the prosecution to demonstrate that the accused knowingly possessed the material.

Our Birmingham child pornography attorneys understand the intricacies of what constitutes possession under the law. If you are facing these charges, we will leverage our extensive knowledge when building your defense.

What Is Considered “Distribution” of Child Pornography in Alabama?

Alabama law defines distribution of child pornography as any form of dissemination, sale, transmission, or publication of material that visually represents a minor under the age of 17 involved in any act of sexual conduct. The law's broad definition means that distribution can occur through various means, including but not limited to, sending explicit images or videos via email, text messages, or social media, sharing on internet forums, or even hand-to-hand exchange of physical materials.

Distribution is not limited to the initial act of sharing. Anyone subsequently spreading the explicit material, knowingly or not, could potentially be charged under these same laws. This includes instances where an individual inadvertently forwards illicit content or unknowingly possesses and shares such material. Alabama law is particularly stringent, and the intent to distribute is not a necessary component for a charge to be filed. Merely having content in a shareable form, such as an email draft or a cloud storage folder, could lead to accusations of distribution.

What Are the Penalties for Child Pornography Crimes in Alabama?

Alabama charges possession of child pornography as a Class C felony. A conviction for a first-time offender could result in up to 10 years of prison time and up to $15,000 in fines. Repeat offenders could face even more significant punishments.

Depending on the circumstances, distribution of child pornography could be charged at the state or the federal level. At the state level, distribution of child pornography is considered a Class B felony. Penalties include up to 20 years in prison and up to $10,000. Federal distribution of child pornography charges carry even harsher punishments, with up to 40 years of prison time and up to $250,000 in fines.

Like with many sex crimes, someone convicted of a child pornography-related offense may be required to register as a sex offender. This will severely limit professional, personal, and housing opportunities.

Our Birmingham child pornography lawyers understand how to effectively defend against these charges and are ready to fight for you. Get in touch with Jaffe, Hanle, Whisonant & Knight, P.C. today by calling (205) 900-7714 or contacting us online.