Individuals accused of child pornography offenses are extremely unpopular defendants. The social stigma of these charges is often too much for even attorneys to bear. However, you have legal rights and options if you are facing a child pornography charge in Norman, Oklahoma.
At Pierce Law Firm P.C., we have over thirty years of experience representing the criminally accused in Norman and won’t back down from any case. You need an attorney ready to battle, and we’re comfortable taking on challenging cases.
Child Pornography Laws
Child pornography is strictly prohibited under federal and state laws. It is the government’s policy to eradicate all forms of sexual abuse and exploitation of children in society. For purposes of regulation, a minor is defined as a person below 18 years old.
Federal laws against child pornography
Under the United States Criminal Code (18 USC § 2256), the sexual exploitation of children and the production of child pornography are deemed criminal acts. Child pornography is defined as any visual depiction of sexually explicit conduct involving a minor.
Further, under 18 U.S.C. § 2252 and § 2252A, the distribution, receipt, and reproduction of child pornography are criminalized. In the same law, the selling or possession with the intent to sell child pornography is also prohibited. The preceding criminal acts are punished with a fine or imprisonment not more than fifteen (15) years. Notably, the mere possession of any material containing or depicting child pornography is punishable with a fine or imprisonment not more than five (5) years.
Finally, the production of sexually explicit depictions of a minor for importation into the United States is criminalized under 18 U.S.C. § 2260. Offenders can be penalized with a fine or imprisonment not more than ten (10) years, or both.
Oklahoma pornography law
In addition to the federal laws, Oklahoma provides heavier penalties against child pornography. Under 21 OK Stat § 1021.2, any person who shall procure or cause the participation of any minor in any child pornography or who knowingly possesses, procures, manufactures, or distributes any child pornography shall be guilty of a felony. After conviction, the offender shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both.
Persons convicted of child pornography shall not be eligible for a deferred sentence. Any person sentenced to imprisonment for two (2) years or more for violation of child pornography shall be required to serve a term of post-imprisonment supervision under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
It is worth stressing that in the prosecution of child pornography, the consent of the minor or the parents or guardian of the minor shall not constitute a defense. Concomitantly, the mere consent of the minor to be subjected to child pornography does not exonerate the accused. Instead, the law (21 OK Stat § 1021.3) punishes the parent or guardian who knowingly consents to the participation of a minor in child pornography with a punishment similar to persons convicted of child pornography.
Child Pornography Defense
Convictions of child pornography lead to life-altering consequences. Aside from imprisonment for an extended period, the accused must be registered on the Oklahoma Sex Offender Registry for fifteen (15) years. This affects the person’s right to travel and employment opportunities.
It bears stressing that the persons charged with the offense must have proper representation at the start of the case. Upon engagement, felony defense lawyers must assess the evidence presented, determine whether the accused’s constitutional rights were protected, and formulate strategies to arrive at the best potential outcome of the case.
Dedicated Legal Representation is Available
If you’re facing child pornography charges in Norman and the surrounding areas, Pierce Law Firm can help. We won’t back down from a legal battle and have your best interests at heart when no one else does. Contact us today to discuss your case and defense strategy.