Can You "Distribute" Child Pornography Without Realizing It?

While possession of child pornography is a serious sex offense, if you are convicted of distributing child pornography to others, the penalties increase drastically. Conviction can bring a harsh prison sentence as well as mandatory registration on the national sex offender registry.

Unfortunately, many people do not even realize they are committing the crime. Two of the most common examples of this include:

  • I viewed child pornography in the privacy of my own home and did not forward the files to anyone else: Unfortunately, in many cases, this is still considered distributing. This is because most child pornography comes from peer-to-peer file sharing networks. Upon accessing the site/network, you are immediately considered to be a file sharing participant in the eyes of the law.
  • My teenage son sent a text with an explicit photo of an underage girl but it was of his girlfriend: The law does not care about the nature of the party's relationship, or even if your child is a minor himself. If a text containing a pornographic image or video is sent from one phone to another (commonly called sexting), this is considered distribution.

The Prosecution Views These Cases As Black And White. But We Know Better.

It is the prosecution's job to get convictions. It pushes especially hard for winning cases against alleged sex offenders. However, in matters of child pornography distribution, the story is not always as black and white as the prosecutors claim.

Backed by more than 30 years of legal experience, attorney Gary Gabry knows exactly where to look for evidence to defend your position. He also knows how to challenge the faulty evidence brought by the state's attorney. In many past cases, he has been able to obtain dropped charges, reduced charges and lessened penalties.

Our law firm understands how seriously your future can be impacted by a conviction and fights tirelessly to protect your legal rights. As your legal counsel, defenses we may explore include:

  • Although there was evidence of child pornography/file sharing on your computer, other people had access to your computer. We will challenge the prosecution's claim that it was you who distributed the files.
  • The pornographic images were in your temporary internet files, unbeknownst to you.
  • You accidentally viewed a pornographic image of a child from an internet site, but did not forward or download the image.
  • The images were virtual child pornography and not of real children.
  • The police violated your rights during an illegal search and seizure. In these cases, we demand any illegally obtained evidence be thrown out.

Get Legal Help Immediately. Our Lawyers Are Ready To Fight For You.

If you have been charged with distribution of child porn in Portage, Kalamazoo or elsewhere in Southwest Michigan, contact our firm immediately at 269-389-9113. We can help protect your legal rights and your future.

Free Initial Consultation | Credit Cards Accepted