Child Pornography Defense Attorney in Kentucky

Experienced Defense Against Child Pornography Charges Throughout the State

Child pornography is considered a serious criminal offense and is penalized as such in the state of Kentucky. At William M. Butler, our Kentucky child pornography defense lawyer knows what you are up against and is ready to defend you. If you face such serious charges, do not hesitate to contact us. We are committed to providing robust legal representation to safeguard your rights.

Be proactive.  If you, or someone you know, is being investigated for child pornography, call or contact William Butler at (502) 237-0871 for immediate assistance from our Kentucky child pornography defense lawyer. For more information, please see his Case Results and Testimonials.

What Is Child Pornography?

U.S. federal law defines child pornography as “any visual depiction” that “involves the use of a minor engaging in sexually explicit conduct.” A minor is anyone under the age of 18 (even if the state’s age of consent for sexual activity is lower). Sexually explicit conduct includes “graphic or simulated lascivious exhibition of the genitals or pubic area of any person.” A visual depiction is what it sounds like — film, video, or a photograph — but it is also information that can be converted into an image, such as undeveloped film or data stored on a computer.

Understanding State & Federal Laws on Child Pornography

Unlike other forms of sexually explicit material, child pornography is banned whether or not it meets the legal definition of obscenity. There is no constitutional right to possess, distribute, or produce child pornography. Child pornography is simply not tolerated.

Federal law applies any time that the transmission, sale, production, distribution, or possession of child pornography affects interstate or foreign commerce. This typically applies to images that are transported across state lines. It also applies when materials that have crossed state lines are used to produce child pornography.

In almost every case, federal law will apply to the situation. If a pornographic image is sent over the Internet to someone in another state, federal law will apply. If the image is sent to someone in the same state, but the Internet server is in another state, federal law will apply. In the rare case that federal law does not apply, state law will step in. Sometimes, prosecutors will file charges for violation of both state and federal law.

The prison sentences for selling, distribution, production, and possession of child pornography can be quite severe. In addition, property that relates to child pornography may be seized. This may include photographic equipment and computers. Convicted defendants may be required to register as sex offenders.

Penalties for Child Pornography Offenses in Kentucky

Child pornography offenses are taken seriously in the state of Kentucky, and convictions carry severe penalties. Potential penalties may include:

• Lengthy imprisonment: Convictions can result in significant jail time, with sentences varying based on the severity of the offense.
• Fines: The court may impose substantial fines, adding to the financial burden on those convicted.
• Probation: Individuals may be subjected to probation terms, restricting their freedom and activities.
• Sex offender registration: Individuals may be required to register as sex offenders, impacting where they can live and work.

Possible Defenses Against Child Pornography Charges

Defenses to charges surrounding child pornography are available, depending on the facts and the applicable law. In some cases, the defendant may not have known what the image contained or may not have voluntarily accessed it. In other cases, the image may be a virtual image — that is, not involving a real person — or an image of someone 18 years old or older. Additional defenses may include:

• Illegal Search and Seizure: Challenging the legality of how evidence was obtained, especially if it involves an unconstitutional search or seizure, can lead to the exclusion of evidence.
• Mistaken Identity: Establishing that you are not the person responsible for the alleged offenses can be a powerful defense.
• Fourth Amendment Violations: Challenging any violations of the Fourth Amendment, such as improper warrants or searches, can lead to the dismissal of charges.