Herndon Child Pornography Defense Attorney

When a person is accused of a child pornography offense, their life can be turned upside down. An investigation may begin quietly with a tip from an internet service provider, a cloud storage company, or a family member, and a person may not be aware that anyone is looking at their devices or their online activity. However, by the time an arrest occurs, police may have accessed a person's online accounts and tracked their activity, and they may seize computers, phones, and other devices. When word of an arrest gets out, a person's reputation may be destroyed, and they may face severe criminal penalties.

Offenses related to child pornography or child sexual abuse material (CSAM) fall into one of the most serious categories of criminal offenses. Sex crime convictions can lead to prison sentences lasting for decades, massive fines, mandatory sex offender registration, and a felony record that will never go away. At Noorishad Law, P.C., our attorney represents people who have been accused of child pornography offenses. He can look at how evidence was obtained, identify violations of a person's rights, and take steps to defend against a conviction.

Materials That May Qualify as Child Pornography or CSAM

There are multiple types of items that may be considered child pornography. Criminal cases related to CSAM may involve materials such as:

• Photographs and Videos: Any image or recording that depicts a minor engaging in sexual conduct may be considered CSAM. Sexual conduct may involve intercourse, other forms of sexual conduct, nudity, or other behavior meant to cause sexual arousal. These may include printed photographs, films, video tapes or discs, digital files, or streaming videos.
• Cached or Automatically Saved Files: The files on a person's devices may be used as evidence in a CSAM case. In many cases, images or video files will be saved in a device's temporary internet cache. Even if a person did not intentionally access or save the files, they could be charged with a CSAM offense.
• Computer-Generated or AI-Created Images: Materials that appear to depict minors engaging in sexual conduct lead to criminal charges, even if no actual child was involved in the creation of these images or videos. In general, materials may be considered CSAM if they depict actual children who can be identified, including in cases where images or videos were manipulated using AI to make it seem like a child was engaging in sexual conduct.
• Sexting With a Minor: When a person exchanges explicit images or videos with a minor, the materials they receive may be considered CSAM. Even if a minor captured images or videos on their own, another person who accesses or receives these materials could face criminal charges. In some cases, child pornography charges may apply in cases where teenagers exchange explicit images or videos with each other.

Child Pornography Possession Charges

A person may be charged with possession of CSAM for a wide range of reasons. They may be accused of receiving child pornography through text messages, emails, or other forms of online communication. They may be charged with visiting a website that contained child pornography or downloading files through a file-sharing service. The possession of child pornography is a Class 6 felony in Virginia, and a second offense will usually be charged as a Class 5 felony. Each image, video, or file involved in a case may result in a separate criminal charge.

Building a Defense to CSAM Possession Charges

To convict a person for CSAM possession, the prosecution will need to prove that they intentionally and knowingly possessed the materials in question. Our lawyer may argue that a person was unaware that files existed on their device, and he may be able to show that someone else downloaded the files, that files were downloaded by malware, or that an automatic download occurred without a person's knowledge. He can also review how law enforcement conducted an investigation, taking steps to ensure that any evidence obtained through an illegal search will be excluded from a criminal case.