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Atlanta Child Pornography Charges Attorney

Pornography can be defined as nudity or erotic behavior, in writing, pictures, video, or otherwise, with the intent to cause sexual excitement. Possessing, distributing, or producing certain types of pornography are serious crimes in Georgia and the U.S. If you have been accused of pornography, contact Wallack Law in Atlanta today. We are passionate about protecting your rights and fighting for your freedom.

Why Choose Us?

  • Knowledge and experience: Attorney Sandy Wallack has been practicing criminal defense in the Atlanta metro area for 25 years.
  • Passion and dedication: Sandy Wallack chose to become a criminal defense lawyer because he is passionate about protecting our constitutional rights and fighting for the rights of individuals charged with a crime.
  • Superior service: We provide personalized attention to our clients and take an innovative, out-of-the-box approach to every case we handle.

What Is Child Pornography?

Child pornography is a serious crime in Georgia. Both state and federal law enforcement agencies work ceaselessly to investigate possible offenders. Most child pornography investigations today involve the internet. Computer forensic teams and other task forces work together to detect internet crimes involving child pornography. Examples of child pornography crimes include:

  • Possession of child pornography
  • Production or distribution of child pornography
  • Online peer-to-peer file sharing
  • Sexual exploitation of children
  • Online child pornography chat rooms
  • Sexting

What Are the Penalties for Child Pornography?

In the state of Georgia, it is illegal to produce, possess, or distribute any depiction of a minor engaged in sexually explicit conduct or simulated sexual conduct. Penalties for child pornography can vary depending on the circumstances surrounding the case and the criminal history of the defendant, but they are typically very severe. A child pornography conviction can carry five to 20 years imprisonment and fines of up to $100,000. Mandatory registration as a sex offender is also required upon conviction.

What Are Some Possible Defenses to Child Pornography Charges?

  • People accused of child pornography may argue that they did not know what they were doing on the computer. This may be a valid defense if there were only a few images, or if they were stored in a way to suggest that the accused did not know what they were.
  • If the government neglects to prove that the images traveled in interstate commerce, it can be a defense to federal child pornography charges.
  • A common defense to possession of child pornography is that the material does not belong to the accused. This defense may be raised when the pornography is found on a computer that is shared, such as a work computer.
  • In some cases, a defendant may be able to raise a defense based on procedural errors that were made in violation of the defendant’s constitutional rights. The defendant may be able to argue that incriminating evidence was illegally seized by law enforcement.
  • A defense of unintentional possession can arise if someone accidentally receives child pornography through an email or through accidentally clicking a link on a website. It is possible for pornographic content to download when a person goes to a website accidentally.

Contact Us Today

At Wallack Law in Atlanta, we are passionate about protecting your constitutional rights and fighting for the best possible outcome in your case. Call us as soon as possible if you are facing pornography charges in Georgia.