Possession of child pornography is a serious accusation that carries severe legal consequences. In Creek County, Oklahoma, possession of child pornography is a felony offense. Under Oklahoma law, it’s illegal to knowingly possess, procure, or distribute any visual depiction of a minor engaged in sexually explicit conduct. The law covers various forms of media, including digital files, photographs, videos, and other visual representations.
Potential Penalties for Possession of Child Pornography
If convicted of possession of child pornography in Creek County, the penalties are severe and can include:
- Prison Time: A conviction can result in imprisonment for up to 20 years for a first offense. Subsequent offenses carry even harsher penalties. However, in some cases, the court may impose probation or parole conditions.
- Fines: Fines can be substantial, often reaching tens of thousands of dollars.
- Sex Offender Registration: After a conviction, individuals must register as sex offenders.
- Permanent Criminal Record: A conviction results in a permanent criminal record, affecting employment opportunities, housing, and other aspects of life.
While these charges are severe, they represent just how serious the situation is.
Legal Defenses Against Possession of Child Pornography
Defending against a charge of possession of child pornography requires a strategic and thorough approach. Potential defenses include:
- Lack of Knowledge: Arguing that the defendant did not knowingly possess the illegal material. This can be the case if the material was downloaded unknowingly or if someone else had access to the defendant’s devices.
- Mistaken Identity: Demonstrating that the defendant was not the person who possessed or accessed the material. This could involve proving that someone else used the defendant’s computer or internet connection.
- Unlawful Search and Seizure: Challenging the legality of how the evidence was obtained because if law enforcement violated the defendant’s Fourth Amendment rights during the search and seizure process, the evidence might be inadmissible in court.
- Insufficient Evidence: Arguing that the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the defendant possessed the material.
While these are just some possibilities, an attorney will be able to look at the details of your case and tell you about your best options for a defense.
Immediate Steps to Take
If you are facing possession of child pornography in Creek County, taking immediate action is essential:
- Hire an Experienced Attorney: Seek legal representation from an attorney who specializes in criminal defense, particularly in cases involving sex crimes.
- Do Not Speak to Law Enforcement: Refrain from making any statements to law enforcement without your attorney present because anything you say can be used against you in court.
- Preserve Evidence: Preserve any evidence that may support your defense, such as computer logs, internet history, and records of who had access to your devices.
- Avoid Further Legal Issues: Comply with all legal requirements. This includes appearing at court dates and following any conditions set by the court.
By carefully following these steps, you stand your best chance at defending yourself against the charges or minimizing the penalties
Creek County Criminal Defense Attorneys
Facing charges of possession of child pornography in Creek County is a serious legal matter with severe consequences. Understanding the legal framework, potential defenses, and the importance of immediate legal representation is crucial for anyone in this situation. If you’re facing such charges, our team at Creek County Attorneys can help you through the process. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
