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 (757) 401-6365 or contact us online to schedule a free consultation with our military pornography crimes attorneys.