Georgia Rape Defense Attorney - Frequently Asked Questions

Are there any defenses for possessing child pornography? Do I need a computer forensic investigator?

Possession of child pornography is a serious crime that can lead to lasting consequences. A conviction for this offense may lead to prison time, heavy fines, and mandatory registration as a sex offender. Furthermore, being labeled as a potential child predator can destroy your reputation in your community and limit your employment opportunities. Fortunately, if you have been wrongly accused of possession of child pornography, there are strategies that can be implemented to try and prove your innocence.

According to Georgia law (O.C.G.A. 16-12-100) it is illegal for a person “knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.” The term “sexually explicit conduct” encompasses a broad range of behaviors, from sexual intercourse to masturbation to “lewd exhibition” of private parts.

If child pornography is found on a person's computer, many would believe the police have an open and shut case. However, the law clearly states that two elements must be established to prove a person is guilty: the accused must possess or control the illicit material and they must do so knowingly. If prosecutors establish that child pornography was found on your computer, that fact alone should not be enough to gain a conviction. It is important that they also prove you knowingly possessed the material.

The two most common scenarios in which a person may unknowingly have child pornography on their computer include:

I did not know the content of the file I downloaded or the link I clicked on. Most people have unintentionally downloaded a file at some point in their life. For those who regularly use file sharing services and download zip drives from other users, it is fairly common to receive files with unknown content. For example, it has become increasingly popular for legal pornography to be spread through file sharing websites. If someone is seeking adult pornography and downloads a series of images, it is possible to receive illegal images as well. Even if the illegal material is immediately deleted, it may still be possible to find traces of it on the computer.
Similarly, if a man is browsing for legal pornography and unexpectedly comes upon explicit images of children, he could be in legal jeopardy. Even if he does not download anything and immediately leaves the web page, the images may still be saved on his computer as a cache file. Mere possession of a cache file has led to charges of possessing child pornography.

I was the victim of a virus or a malicious hacker. Computer users (aka almost everybody) must constantly be on guard against viruses. If your computer is infected you may lose control over the operations and contents of your device. Viruses are incredibly diverse and are constantly evolving. They are employed for a variety of purposes, from spying to corrupting hard drives to adding programs and files to targeted computers. Malicious hackers who are able to access others' systems may deploy viruses or use other methods to corrupt such systems. Often, only an expert can untangle the origins and effects of a computer virus or a malicious hacking.

Somebody who shares my computer obtained the illegal material. Multiple members of a single household will often share a computer. Merely residing in a house that contains a computer with child pornography on it should not lead to criminal culpability. The prosecution needs to prove that you were the user who knowingly acquired and/or possessed the illegal material.

Computer Forensic Investigators

So how do you establish that you unknowingly downloaded child pornography or that you were the victim of a virus? How do you demonstrate that you did not know about the offending material on your computer?

When it comes to offenses involving computers and the Internet, it is often necessary to employ an expert on computer forensics to conduct a thorough investigation. This type of professional can present a more complete picture of your Internet habits and may trace the origins of illicit files.

If your search history shows that you never sought out child pornography, but were clearly looking for something else, that can be helpful in your defense. An expert may be able to determine whether any downloaded images were actually opened. He or she can also examine which users were signed in when a particular image was downloaded. Finally, a good forensic investigator can find evidence of any viruses that have infected your computer.

The Berry Law Firm specializes in defending those wrongfully accused of sexually based crimes, including possession of illegal pornography. As a practice dedicated to this unique field of law, we have the expertise and resources necessary to fight such charges. If you have been wrongly accused of possessing child pornography, the Berry Law Firm will use every tool in its arsenal to help prove your innocence. Contact us today for a free evaluation of your case and take the first step towards clearing your name.

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