The police charged you with possession of child pornography, and your entire life is hanging in the balance? What should you do? First, do not speak to the police about the case. Immediately retain a proven Indianapolis child pornography attorney at Gemma & Karimi to defend your rights and freedom. The outcome of your case hinges on you not saying or doing anything to damage your case. Our top-rated criminal defense lawyers are ex-prosecutors with outstanding case success records.
Child Pornography Laws in Indiana
Indiana has strict laws regarding child pornography, reflecting both state statutes and federal alignment to protect minors from exploitation. These laws criminalize the production, possession, distribution, and promotion of materials depicting minors in sexually explicit conduct.
Indiana’s child pornography laws are largely outlined in the Indiana Code Title 35, Article 42, Chapter 4. Criminal offenses are classified based on the nature of the sexual conduct, age of the victim, and other factors:
- Possession of child pornography: Knowingly or intentionally possessing or accessing with intent to view material depicting a child under 18 engaged in sexual conduct.
- Child exploitation: Knowingly or intentionally producing, disseminating, exhibiting, or offering to disseminate material depicting a child under 18, or engaging in sexual conduct. This crime includes sharing videos, images, and other digital media.
The law also defines other sexual conduct. It includes acts like sexual penetration, intercourse, and exhibition of genitals.
Facing criminal charges in Indianapolis?
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Child Pornography Offenses and Penalties
Penalties vary based on the sexual conduct offense level, the age of the child, aggravating factors, and prior convictions. All offenses are felonies.
Possessing Child Pornography
This is a Level 6 felony, with a prison sentence between six months and 2.5 years. Fine is up to $10,000, and applies to simple child pornography possession.
Possession of child pornography can be an enhanced Level 5 felony with one to six years in prison and a $10,000 fine. Enhancements are triggered if the child is under 12, the material features bestiality or sadomasochistic abuse. Or, you have a prior unrelated sexual conduct offense.
Child Exploitation
Child exploitation is a Level 5 felony involving the production, dissemination, and possession of child pornography. The sentence is one to six years and a $10,000 fine.
It is a Level 4 felony in some instances with two to 12 years in prison and a $10,000. Conditions are if the child is under 12, or the offender has the child participate in sexual conduct.
It is a Level 3 felony with three to 16 years in prison and a $10,000 fine if the offender has a prior other sexual conduct charge. Or the material is provided to a minor online or through other means.
Aggravating Circumstances
Several circumstances may trigger enhanced penalties:
- Proximity enhancements: Penalties increase if the offense occurs within 500 feet of a school, park, or youth program center.
- Volume of material: Possessing or distributing large quantities of material may lead to consecutive sentences or additional charges.
- Federal involvement: If the offense crosses state lines or involves interstate commerce, the penalties range from 5 to 20 years per count.
- Child pornography involving children under 14 is subject to more severe sentences.
- A person may be charged with child exploitation, a Level 5 felony, if they knowingly or intentionally engage in, participate in, manage, produce, sponsor, present, exhibit, photograph, film, or videotape any obscene performance involving a child.
An Indianapolis child pornography attorney can review your case for free today and outline your legal options. Being charged with illegal sexual conduct is serious, but the prosecutor must convict you beyond a reasonable doubt.
Defending a Child Pornography Charge
Being charged with a child pornography offense does not mean you will be convicted. Your criminal defense attorneys may employ several robust defenses, based on the evidence and circumstances:
Challenge the Evidence
First, the police may have acted illegally. Your attorney may contend that the police violated the Fourth Amendment by unlawfully searching your home, devices, or online accounts. Making a motion to suppress evidence is a common tactic if police overstepped constitutional bounds.
Second, the police may have had chain of custody problems during your case. Your attorney may question the integrity of how the evidence was handled. If there’s a break in the chain of custody, the attorney can argue that the evidence may have been tampered with or misattributed.
Third, forensic analysis inaccuracies and mistakes are common in sex offender cases. Your attorney may retain an independent digital forensics expert to review the prosecution’s analysis. They could discover that computer files were downloaded automatically without you knowing, or metadata shows that the child pornography predates when you owned the computer.
Lack of Knowledge or Intent
First, you may unknowingly possess illegal images. Perhaps the illicit files were automatically cached by your browser or app. Or, another party used the device to download simulated sexual conduct involving a minor.
Second, having no intent to view is another defense. If the prosecutor cannot prove you intended to view the child pornography, your attorney may contend you lacked criminal intent.
Illegal Search and Seizure
Your attorney may argue that the police violated your constitutional rights when they searched you, your vehicle, or your premises. Even those accused of serious crimes have a constitutional right against illegal search and seizure. Our criminal defense attorneys will review the arrest to determine if they violated your rights.
Question the Material or Age of Individual
First, your defense attorneys may contend that the material is not child pornography because it is not ‘sexual conduct’ involving sexual intercourse or other illegal acts. Just nudity without sexual conduct may not qualify as child pornography.
Second, your attorney can argue that the party depicted is under 18. If the child’s age is at least 18, a crime may not have been committed. Sometimes, no definitive age is known, and forensic pediatric experts on both sides may be consulted regarding this vital part of the child pornography charge.
Entrapment or Misconduct
This defense argues that the police induced you to commit a sex crime when you would not have. For example, an undercover police officer may pressure you online to download child pornography during a sting.
There could be prosecutorial or police misconduct, such as fake evidence, illegal interrogations, or non-compliance with Miranda rights laws.
Shared Device or Identity Defense
Multiple people use many electronic devices. The illegal material may have been on other parties’ computers or cell phones. IP address evidence is not usually enough to determine who used the device in a multi-user environment.
You could be an identity theft or hacking victim who downloaded or viewed the child pornography. This defense involves
Plea Negotiation or Lesser Charges
Your criminal defense may attempt to negotiate with state prosecutors to downgrade the felony charge, such as from Level 5 child exploitation to Level 6 child pornography possession. This may be in exchange for a guilty plea, reduced time in prison, and reduced time length on the sex offender registry.
Your attorney may highlight mitigating factors such as no prior record, cooperation with authorities, or minimal involvement in the sexual crime.
Diversion Programs
Though rare for child pornography cases, your criminal defense may explore pre-trial diversion for first-time offenders with low-level charges. Successful completion could avoid conviction.
Consequences of a Child Pornography Conviction
If you are convicted of a child pornography charge, you could be in prison for years, fined, and faced with other consequences that reverberate forever:
Sex Offender Registry
This public listing includes the offender’s name, photo, address, and offense details, accessible to employers, neighbors, and schools. For a Level 6 felony, removal might be possible after 10 years with a clean record and court approval, but higher-level felonies lock in lifetime registration.
This requirement restricts where offenders can live or work, as Indiana law prohibits residency within 1,000 feet of schools, parks, or youth centers for registered sex offenders. The stigma of being labeled a sex offender creates a permanent barrier to social acceptance, often isolating individuals from family, friends, and community networks.
Severe Financial And Professional Consequences
The professional and financial fallout is equally devastating. A felony conviction appears on background checks, making employment in most fields, especially those requiring licenses, nearly impossible. Licensing boards, like the Indiana State Board of Nursing, can revoke credentials or impose lengthy suspensions, effectively ending careers.
Federal benefits, such as student loans or housing assistance, may be denied, derailing education or financial stability. Combined with fines, legal fees, and potential restitution to victims, the economic problems can persist for years.
Personal And Family Fallout
Personal and familial consequences further compound the damage. A child pornography conviction can lead to loss of custody or visitation rights, as courts may deem the offender unfit to parent, prioritizing child safety. Relationships with spouses, children, or extended family often fracture under the weight of shame and legal restrictions.
Mental health struggles, including depression or anxiety, frequently emerge as offenders grapple with isolation and the lifelong label of their crime. Even after release, the inability to reintegrate fully into society, due to registry requirements, employment barriers, and social ostracism, creates a long-term effect that can last a lifetime.
The potential severe penalties and consequences of a sex crime felony conviction are painful to consider. The best option in this challenging moment is to retain legal counsel who are skilled sex crime and child pornography possession criminal defense.
Protecting Your Rights with a Skilled Defense Attorney
If you are charged with child pornography possession or other illegal sexual conduct, you must retain a highly skilled and successful criminal defense lawyer to defend your freedom. Gemma & Karimi are outstanding criminal defense lawyers with decades of accomplished experience defending those accused of child pornography in Indiana and other serious charges. We are former prosecutors, so we know both sides of the Indiana criminal justice system. This unique perspective gives us insight into how the other side thinks and ways we may be able to undermine the prosecution’s case.
Always contact Gemma & Karimi for sex crimes defense when you have been charged with child pornography possession. Call (317) 602-5970 for a free legal consultation with our Indianapolis criminal defense attorneys. We will build a strong defense based on your case factors.
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