Child Pornography Defense Attorney in Kentucky
The Definition of Child Pornography
U.S. federal law defines child pornography as “any visual depiction” that “involves the use of a minor engaging in sexually explicit conduct.” A minor is anyone under the age of 18 (even if the state’s age of consent for sexual activity is lower). Sexually explicit conduct includes “graphic or simulated lascivious exhibition of the genitals or pubic area of any person.” A visual depiction is what it sounds like — film, video or a photograph — but it is also information that can be converted into an image, such as undeveloped film or data stored on a computer.
Laws on Child Pornography
Unlike other forms of sexually explicit material, child pornography is banned whether or not it meets the legal definition of obscenity. There is no constitutional right to possess, distribute or produce child pornography. Child pornography is simply not tolerated.
Federal law applies any time that the transmission, sale, production, distribution or possession of child pornography affects interstate or foreign commerce. This typically applies to images that are transported across state lines. It also applies when materials that have crossed state lines are used to produce child pornography.
In almost every case, federal law will apply to the situation. If a pornographic image is sent over the Internet to someone in another state, federal law will apply. If the image is sent to someone in the same state, but the Internet server is in another state, federal law will apply. In the rare case that federal law does not apply, state law will step in. Sometimes, prosecutors will file charges for violation of both state and federal law.
The prison sentences for selling, distribution, production, and possession of child pornography can be quite severe. In addition, property that relates to child pornography may be seized. This may include photographic equipment and computers. Convicted defendants may be required to register as sex offenders.
Defenses to Child Pornography Charges
Defenses to charges surrounding child pornography are available, depending on the facts and the applicable law. In some cases, the defendant may not have known what the image contained or may not have voluntarily accessed it. In other cases, the image may be a virtual image — that is, not involving a real person — or an image of someone 18 years old or older.
Secure Legal Counsel
Child pornography is a crime that law enforcement, as well as the community at large, take very seriously. Considerable time and resources are devoted to the investigation and prosecution of child pornography possessors and distributors. If you or someone you know is being investigated in connection with child pornography, it is important to obtain legal assistance immediately.
Speak with William M. Butler, Jr. at (502) 237-0871, an experienced attorney to learn about your legal rights, or contact him via email to schedule your initial confidential consultation. For over 35 years, William Butler has skillfully defended thousands of clients, compiling an impressive record of positive results, and he can defend you too.
Mr. Butler was extremely helpful, professional, and very understanding to my situation. He made me feel very comfortable and helped ease a lot of stress I was experiencing.- Coy M.
Mr. Butler is my lifesaver! He really saved my life by resolving my case for me. He is a true professional and really experienced... Mr. Butler is the real deal.- Szuching W.
Mr. Butler has done excellent work for me & I recommend him to anyone who will listen! He is, dare I say, ethical, and that is an important quality to me!- Craig M.
Our case that took several court appearances. He was there each and every date, and never gave up. The case was eventually dismissed due to his tireless efforts.- Julian S.
Mr. Butler is a man of his word. I can call him and within 24 hours Bill will call me back. I will never be in trouble again, but if I was, the first person I would call would be Mr. Butler.- David C.
Mr. Butler is an outstanding and caring attorney. I know he has my best interest at heart I would not have another attorney defend me.- Sara L.
My daughter was facing several felony charges... she would have faced jail time had he not taken her case. He is a very kind and knowledgeable man.- Liz Y.
Mr. Butler is a commensurate professional with excellent outcomes. He tells you the options for possible outcomes in the case. We are 100% satisfied!- Deborah S.
- With over 35 years of experience defending clients
- Who is confident and proficient in trial
- Who speaks your language and the language of prosecutors
- Bill Butler was referred by a trusted family member. He was all they claimed and then some. EXCEPTIONAL lawyer!!- Stacey M.