The creation, distribution, or possession of child pornography in Indiana is illegal and subject to severe punishment on conviction. Often, defendants in a child pornography case may feel the system presumes them guilty before they even have a chance to tell their side of the story. The attorneys of Banks & Brower understand that there are two sides to every story. You deserve legal representation that will listen to your side and take the time to understand the circumstances that have led to the accusations you face. Our attorneys are former prosecutors who have proven results in getting the best possible outcomes for our clients.
Child Pornography Laws in Indiana
The laws against child pornography in Indiana are the same regardless of the child’s age, though the sentences for conviction of child pornography involving children under 14 are more severe.
Child exploitation involves knowingly creating, sending, selling, or representing sexual conduct of the genitalia of children younger than 18 years of age. Child exploitation is a level 5 felony resulting in 1 to 6 years incarceration and up to $10,000 in fines.
Possession of child pornography requires knowingly possessing material depicting sexual conduct or the genitalia of children younger than 18 that lacks any scientific, literary, or educational purpose. This is a level 6 felony punishable by 6 months up to 2.5 years incarceration and up to $10,000 in fines.
What to Do If You Are Accused of Child Pornography
It is important to have an attorney on your side as soon as possible after you are accused of child pornography. You should not discuss the case with investigators or anyone else without your attorney present. You are guaranteed the right not to incriminate yourself. Protect that right by maintaining your silence until your attorney can help you determine the best response. You should never accept any plea agreements without the advice of an attorney to ensure that you are getting a fair plea and are not admitting to anything you did not do.
You should not voluntarily relinquish any electronic devices including laptops, phones, tablets, or other property. You may be told that cooperation by voluntarily submitting to having your property searched will help your case, but that is almost never true. You should have an attorney help you through the process of turning over any property when it is required by law.
How Can an Attorney Help?
There are legal defenses to charges of child pornography that your attorney can help you present. Your attorney will take the facts of your case and present the evidence that shows your innocence.
In cases where it is not possible to completely establish innocence, your attorney can help negotiate a better plea deal on your behalf. It may be possible to plead guilty to a lesser charge so that you do not have the consequences associated with a felony conviction on your record. Additionally, this can help you avoid the social stigma a conviction of a child pornography charge brings.
The attorneys of Banks & Brower are available 24/7 because we know that your need for legal counsel does not always come during regular business hours. We have the highest number of 5- star reviews of any defense attorneys in Indianapolis. We will listen to your side of the story with understanding and without judgment. You deserve representation from principled attorneys that deliver proven results.
