Statutory Defenses for Possession of Child Pornography

The offense of possession of child pornography is taken extremely seriously in Indiana, and a conviction can have serious immediate and long term consequences. The best way to defend against these charges will depend on the facts of your case. In some cases, it might make the most sense to rely on a statutory defense listed under IC 35-42-4-4, in which you admit that you possessed child pornography but apply one of these statutory defenses to explain why you should not face any criminal consequences for the possession. This is also known as an affirmative defense — you admit that you possessed the material in question, but you have a reason for it that is a defense to the criminal charges you are facing. In other circumstances, other defense strategies may be most applicable.

Our Indianapolis sex crimes defense lawyers can tell you more about statutory defenses to the possession of child pornography, and we can explain some of the circumstances in which these defenses may be beneficial to you.

Possession in the Scope of Employment 

Under Indiana law, it is a defense to a prosecution for the possession of child pornography if you possessed the material in your employment capacity as a school employee, department of child services employee, or as an attorney, and the possession occurred within the scope of your employment. The Indiana Code expressly states that it is a defense if both of the following are true:

• You are a school employee, a department of child services employee, or an attorney acting in the attorney’s capacity as legal counsel for a client; and
• Acts constituting the elements of the offense were performed solely within the scope of your employment as a school employee, a department of child services employee, or an attorney acting in the attorney’s capacity as legal counsel for a client.

Limited Age Difference and Relationship 

Another statutory defense under Indiana law to the possession of child pornography concerns the age of the person facing charges, the age of the person depicted in the images, the relationship between the two, and other relevant factors. For this defense to apply, all of the following must be true:

• Wireless communication device or social networking was used to possess, produce, or disseminate the image;
• You are not more than four years older or younger than the person depicted in the image;
• You are in a dating relationship or ongoing personal relationship (other than a family relationship) with the person depicted in the image;
• You are under the age of 22; and
• Person who received the image or is depicted in the image agreed to be depicted or to receive the image.

Contact an Indianapolis Sex Crimes Defense Attorney for Assistance Today 

If you are facing charges for the possession of child pornography, it is essential to seek legal advice about the best defense strategy. If one of the statutory defenses may apply to your case, you may be able to avoid a conviction. At the same time, it is critical to know that there are many other potential defenses beyond the statutory defenses we have discussed above. The best defense strategy for your case will be tailored to the facts surrounding your arrest. One of the experienced Indianapolis sex crimes defense attorneys at Rigney Law LLC can speak with you today to learn more about the details of your case and to begin working with you to build your defense.

Source: 

law.justia.com/codes/indiana/title-35/article-42/chapter-4/section-35-42-4-4/