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MILITARY PORNOGRAPHY CRIME Lawyers

Defending those who defend our country 

Child pornography cases are among the most difficult cases to defend because the moral outrage over the offense is significant, the collateral consequences are great, and the law is complicated. For those reasons, there is tremendous pressure on an accused service member to plead. Before that sort of life-changing decision is made, you should seek counsel from an experienced military criminal defense lawyer. Child pornography is an Article 134 offense in the military.

What is Child Pornography?

Under the law, child pornography is “…material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct.” In many cases, the visual depictions of minors are clearly of sexually explicit conduct. In other cases, - particularly clothed images - it's not as clear.

Law enforcement and prosecutors have become exceptionally sophisticated and experienced at prosecuting child pornography cases. The inflammatory nature of the offense and substantial punishments makes the decision to plead or contest the case exceptionally difficult. For inexperienced defense lawyers, a child pornography case requires a steep learning curve in terms of digital forensics, mental health aspects of the client, and often the presentation of a compelling sentencing case in mitigation.

The Elements of Child Pornography 

Possessing, receiving, or viewing child pornography

  • That the accused knowingly and wrongfully possessed, received, or viewed child pornography; and,
  • That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Possessing child pornography with intent to distribute

  • That the accused knowingly and wrongfully possessed child pornography;
  • That the possession was with the intent to distribute; and,
  • That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Distributing child pornography

  • That the accused knowingly and wrongfully distributed child pornography to another; and,
  • That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Producing child pornography

  • That the accused knowingly and wrongfully produced child pornography; and,
  • That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

The lesser-included offenses for possession, receiving, or viewing child pornography are Article 80 – attempts. For all other offenses, the lesser-included offenses are Article 80 – attempts and Article 134 – possessing child pornography.


Have you been accused of pornography crimes while in the military? Call Daniel Conway & Associates today at (888) 401-6214 or contact us online to schedule a free consultation with our military pornography crimes attorneys.


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    Daniel Conway Partner

    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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    Brian Pristera Attorney

    A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

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    Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

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