Manassas, Virginia Child Pornography Attorney

Few criminal offenses are as serious as those that involve child pornography. A person who is accused of possessing materials that depict children in a sexual manner may face multiple types of severe penalties. The consequences may become more serious if a person is accused of selling or distributing these types of materials to other people. Charges involving the creation of child pornography carry some of the harshest consequences that criminal courts may impose due to the nature of these offenses.

At Noorishad Law, P.C., our criminal defense lawyer understands that these cases can be very sensitive. He approaches these cases without judgment and with a commitment to providing effective legal representation and protecting the rights of his clients. There are multiple defenses that may be available when addressing CSAM offenses, and he will review the evidence in a case and provide guidance on the best steps to take to resolve a case successfully.

What Is Classified as Child Sexual Abuse Material?

Child sexual abuse material may include any items that contain a visual depiction of a minor engaging in sexually explicit conduct. It could include photographs, videos, digital files, and other visual representations. A minor is any person under the age of 18.

Sexually explicit conduct may include sexual intercourse, masturbation, sadomasochistic abuse, or nudity. Materials do not need to depict sexual penetration or overtly sexual acts to qualify as CSAM. Images depicting the genitalia of minors in a way that is intended to be sexually gratifying can meet the definition of child pornography.

Reasons a Person May Be Charged With a CSAM Offense

People may face child pornography charges in a variety of circumstances, and not all of them involve deliberate criminal conduct. In many cases, charges will be based on accusations that a person intentionally downloaded or accessed CSAM through websites, file sharing networks, or online messaging applications. These activities could also lead to charges of child pornography distribution, since files on a person's computer may be made available to others through file-sharing apps, or materials saved in cloud storage platforms may be accessible by other people.

Offenses involving the creation of CSAM can be especially serious. These charges may apply if a person is accused of photographing or filming minors as they engage in sexually explicit conduct. However, materials that are created using photo editing software or AI tools may also be classified as child pornography if they depict actual, identifiable minors. A person could face charges of child pornography production if they manipulate photos or videos to appear as if children are nude or are engaging in sexual conduct.

Defenses Against Child Pornography Charges

In a CSAM case, a prosecutor will be required to prove that a person intentionally possessed child pornography, took actions to distribute child pornography to others, or was involved in the creation or promotion of child pornography. Our criminal defense lawyer will take steps to identify weaknesses in the prosecution's case and pursue all appropriate defenses. Some defense strategies that may be used in child pornography cases include:

• Lack of Knowledge: If CSAM was found on a home computer that was shared by multiple family members or another device that was accessed by multiple people, the prosecution may be unable to prove that a person knew about the material. In some cases, files may have been downloaded without a person's knowledge by malware or someone who gained remote access to a computer.
• Unlawful Search and Seizure: Law enforcement officials must have a valid warrant supported by probable cause to search a person's home or seize their devices. If investigators conducted a search without a proper warrant, if a warrant was based on faulty information, or if searches went beyond what a warrant allowed, our attorney can determine whether evidence that was obtained may be excluded from a criminal case.
• Challenging the Nature of the Materials: The prosecution must prove that the images or videos involved in a case depict a real minor. In some cases, the identification of the person depicted in materials may not be possible, and there may be no way to determine whether they were a minor when the materials were created.
• Entrapment: In cases involving undercover law enforcement operations, an officer may have induced or encouraged a person to engage in conduct that they would not have done otherwise. Our lawyer may be able to show that activity related to CSAM only occurred because of coercion or other actions by law enforcement.

Contact Our Manassas, VA Child Pornography Defense Lawyer

The consequences of a child pornography charge could follow you for the rest of your life. The penalties for a conviction are severe, and the collateral consequences that can affect your reputation, your employment, your housing, and your relationships can be equally devastating. At Noorishad Law, P.C., our lawyer can provide you with the defense you need in this situation. Contact our Manassas CSAM defense attorney at 703-542-4500 to arrange a free, confidential consultation.