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Child Pornography

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Child Pornography Lawyer

We defend clients accused of and charged with child pornography in Georgia including State and Federal charges for child porn possession, distribution, publishing, selling, and related child porn offenses.

Being charged with any sex crimes against children is a serious problem. Police and prosecutors work to prove a person guilty. They do not work to prove a person is not guilty. Without the help of an Atlanta sex crimes lawyer, even if you're innocent, you could be convicted by a jury. Don't gamble with your future, call our law firm asap for a consultation.

Persons convicted of child pornography crimes will be harshly prosecuted, and are required to register as a convicted sex offender on the Georgia Sex Offender Registry. E

Georgia Laws on Child Pornography

Under Georgia law, O.C.G.A. 16-12-100, the possession of child pornography is prosecuted as a form of sexual exploitation of children. Specifically, this law makes it illegal for any person to knowingly possess, distibute, receive, produce, or control any material which depicts a minor or a portion of a minor’s body engaged in sexually explicit conduct. Most child porn charges are forms of computer child pornography.

Federal Laws on Child Pornography

In some circumstances, child pornography can be prosecuted as a federal crime. Our law firm can represent you in both State and Federal courts. If you are facing both State and Federal charges, it is a good idea to hire a law firm that can manage your entire situation.

Federal child pornography laws include:

  • 18 U.S.C. § 2251- Sexual Exploitation of Children (production of child pornography)
  • 18 U.S.C. § 2251A- Selling and Buying of Children
  • 18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors (possession, distribution and receipt of child pornography)
  • 18 U.S.C. § 2252A- Certain activities relating to material constituting or containing child pornography
  • 18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

 

Lawrence is an extremely hard worker (his phone never shuts off) who makes the client feel like the center of his world when they’re dealing with a major personal crisis. Working on your case, he’s very proactive and goes on the offense to get things resolved for his clients. And again, available anytime and keeps you informed every step of the way.

Computer and Electronic Child Pornography

Georgia criminal code O.C.G.A. 16-12-100.2 addresses specifically computer or electronic pornography and child exploitation prevention.

  • (a) This Code section shall be known and may be cited as the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007."
  • (b) As used in this Code section, the term:
  • (1) "Child" means any person under the age of 16 years.
  • (2) "Electronic device" means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes;
  • (3) "Identifiable child" means a person:
  • (A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and
  • (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available.
  • The term shall not be construed to require proof of the actual identity of the child.
  • (4) "Sadomasochistic abuse" has the same meaning as provided in Code Section 16-12-100.1.
  • (5) "Sexual conduct" has the same meaning as provided in Code Section 16-12-100.1.
  • (6) "Sexual excitement" has the same meaning as provided in Code Section 16-12-100.1.
  • (7) "Sexually explicit nudity" has the same meaning as provided in Code Section 16-12-102.
  • (8) "Visual depiction" means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct.
  • (c) (1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully:
  • (A) Compiles, enters into, or transmits by computer or other electronic device;
  • (B) Makes, prints, publishes, or reproduces by other computer or other electronic device;
  • (C) Causes or allows to be entered into or transmitted by computer or other electronic device; or
  • (D) Buys, sells, receives, exchanges, or disseminates
  • any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct
  • (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years.
  • (d) (1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, on-line messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child.
  • (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature.
  • (e) (1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child.
  • (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature.
  • (f) (1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child to intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public computer on-line service, Internet service, local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child shall be held liable on account of any action taken in good faith in providing the aforementioned services.
  • (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
  • (g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section.
  • (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while:
  • (1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or
  • (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state.
  • (i) Any violation of this Code section shall constitute a separate offense.

Are You Facing Child Porn Charges?

If you are facing child pornography crimes charges in Georgia you need to hire a lawyer as quickly as possible. If convicted your sentence will be harsh, and your ime in prison will be extremely dangerous. Attorney Zimmerman is a leading Atlanta lawyer for child pornography charges. Attorney Zimmerman can provide you with a solid defense built on his expertise, commitment, and knowledge of defense strategies that work.

Want help now? Call us at 404-351-3000 or contact us online.