CHILD PORNOGRAPHY DEFENSE
AREAS DE PRÁCTICA
Northwest Louisiana Child Pornography Defense Lawyer
Experienced Sex Crime Defense Lawyer for Child Pornography Charges in the Shreveport-Bossier City Area
Sex crimes involving minors are among the most serious criminal accusations one can face, with child pornography charges carrying especially severe penalties in Louisiana. Convictions can result in lengthy prison sentences, thousands of dollars in fines, and lifelong restrictions that affect employment, housing, and personal relationships. Not only that, but those convicted will be registered as a sex offender, placing heavy restrictions on nearly every other area of their lives. With stakes this high, it’s critical to have an experienced attorney who understands the intricacies of a solid child pornography defense.
As a highly skilled Louisiana child pornography defense lawyer, Michael Vergis brings years of experience in handling sensitive criminal defense cases for clients in the Shreveport/Bossier City area. He has built a reputation for developing a strong defense against sex crimes involving minors and is dedicated to protecting his clients’ rights.
Attorney Vergis combines a deep knowledge of Louisiana law with a compassionate approach, making him a vital advocate for those facing these serious accusations. If you need a child pornography lawyer who will work tirelessly to achieve the best possible outcome, La oficina legal de Michael J. Vergis está aquí para ayudar. Llamar (318) 698-3724 o comunicarse en línea to set up a free consultation today.
Child Pornography Laws in Louisiana
In Louisiana, child pornography laws strictly prohibit the possession, creation, distribution, or viewing of any sexually explicit material involving minors. Criminal charges for these offenses can vary in severity depending on factors such as the amount of content found, the involvement of distribution, and whether production of new content is alleged. As such, cases involving larger quantities or distribution often carry harsher penalties, including longer prison sentences and higher fines.
Child pornography cases may be prosecuted at both the state and federal levels, each with different sentencing guidelines and requirements. State charges in Louisiana generally address possession, while federal charges typically focus on cases involving distribution and production. However, state and federal cases for child porn can overlap, especially when the alleged offenses involve digital content that crosses state or international boundaries.
Louisiana RS 14:81.1 – Pornography Involving Juveniles
Según la ley de Luisiana (RS 14:81.1), possession of child pornography is a serious offense, as is the distribution and/or creation of illegal material involving minors. This includes a variety pornographic materials, including physical photographs, videotapes, digital images or videos, or any other visual representation that depicts a minor engaging in any type of sexual activity or performance.
According to the statute, sexual performance means “any performance or part thereof that includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.” Louisiana law treats any sexual performance by a minor in visual form as a criminal offense, regardless of whether or not the juvenile consented.
Louisiana’s strict stance reflects the state’s commitment to preventing the exploitation of minors and holds those in possession of or distribution of pornographic images of minors fully accountable under the law.
Louisiana Sexting Laws
Louisiana also has strict laws regarding sexting. These laws address the legal boundaries around sharing sexually explicit images and messages via electronic devices, especially among minors under the age of 17, even when shared consensually.
Below are the key takeaways from Louisiana’s sexting laws (RS 14:81.1.1):
Key Definitions
- Indecent visual depiction – Any image, video, or other media showing a minor in sexually explicit conduct. This includes anything saved on a phone, computer, or other electronic device.
- Sexually explicit conduct – This covers actions like masturbation or showing private areas (genitals, pubic area, anus, or female breast nipples) in a lewd way.
- Telecommunication device – Any device, like a phone or computer, that sends or receives voice, video, or data.
Prohibited Actions
- No one under 17 can knowingly and willingly send an indecent photo or video of themselves to someone else using a computer or phone.
- No one under 17 can knowingly keep or send an indecent photo or video of another minor under 17 if it was sent in violation of the first rule above.
Note that this offense can be considered to happen either where the indecent material was sent from or where it was received.
Penalties
- Sending an Indecent Image of Oneself: For this type of offense, the case is handled under specific rules in the Louisiana Children’s Code.
- Receiving or Sending an Indecent Image of Another Minor:
- Primera ofensa: A fine of $100-$250, up to 10 days in jail, or both. Jail time may be avoided if the offender does at least two 8-hour days of community service.
- Reincidencia: A fine of $250-$500, 10-30 days in jail, or both. Jail time may be avoided if the offender does at least five 8-hour days of community service.
- Third or Subsequent Offense: A fine of $500-$750, 30 days to 6 months in jail, or both. Jail time may be avoided if the offender does at least ten 8-hour days of community service.
Potential Penalties for Child Pornography Charges in Louisiana
In Louisiana, child pornography charges come with extremely harsh consequences, including lengthy prison sentences, steep financial penalties, and lifelong restrictions that can impact every part of a person’s life. These consequences depend on a variety of factors, including the offense in question, the juvenile’s age, and whether or not the defendant is a first time offender. Here’s a breakdown of those penalties.
Possession of Child Pornography:
- Primera ofensa: Fines up to $50,000 and imprisonment at hard labor for 5-20 years (no parole, probation, or suspension).
- Subsequent Offenses: Fine up to $75,000 and imprisonment at hard labor for 10-40 years (no parole, probation, or suspension).
Distributing Child Pornography (or Intent to Distribute):
- Primera ofensa: Fine up to $50,000 and imprisonment at hard labor for 5-20 years (no parole, probation, or suspension).
- Subsequent Offenses: Fine up to $75,000 and imprisonment at hard labor for 10-40 years (no parole, probation, or suspension).
Parental Consent:
- Fine up to $50,000 and imprisonment at hard labor for 5-20 years (no parole, probation, or suspension).
Promotion, Advertisement, or Production of Child Pornography:
- Primera ofensa: Fine up to $50,000 and imprisonment at hard labor for 10-20 years (no parole, probation, or suspension).
- Subsequent Offenses: Fine up to $75,000 and imprisonment at hard labor for 20-40 years (no parole, probation, or suspension).
Offenses Involving Victims Under 13 Years Old:
- Possession, Distribution, or Parental Consent: Imprisonment for one half or twice the longest term outlined above (no parole, probation, or suspension).
- Promotion or Production: Imprisonment for 25-99 years, with at least 25 years served without parole, probation, or suspension.
- Electronic Monitoring: After serving their prison sentence, the offender will be required to wear electronic monitoring equipment for the rest of their life, under the supervision of the Department of Public Safety and Corrections.
Additional Consequences of a Child Porn Conviction
Aside from fines and prison time, those found guilty of child pornography charges will also be subject to major, lifelong impacts on their daily life, including mandatory sex offender registration. Being a registered sex offender is public information, restricts where a person can live and work, and carries strict reporting requirements.
Not only that, but convicted individuals may lose certain civil rights, such as the right to vote, possess firearms, and serve on a jury, further isolating them from society. As you can see, the consequences of a child pornography conviction in Louisiana are lifelong and extend far beyond prison time, affecting an individual’s opportunities, relationships, and quality of life.
Megan’s Law Louisiana
Megan’s Law is a federal government mandate that requires states to establish a system for registering sex offenders and making this information accessible to the public. In Louisiana, Megan’s Law is applied through a state sex offender registry that includes individuals convicted of certain sexual offenses, including child pornography and other sex crimes involving minors.
Under Louisiana’s version of Megan’s Law, convicted sex offenders must regularly update their information with law enforcement, detailing their address, employment, and other identifying information. This information is made available to the public, allowing residents to search for and view details about registered offenders in their communities.
The Importance of Immediate Legal Representation
If you’ve been arrested or accused of a serious crime, especially one involving charges like child pornography or other sensitive allegations, it’s crucial to seek experienced legal counsel immediately. Any delays in securing a solid defense attorney can put your case at a severe disadvantage. Early intervention from a Louisiana sex crime attorney like Michael Vergis can make a huge difference in your case, as they can start building your defense, preserving evidence, and countering the prosecution’s narrative from the outset.
Without prompt legal guidance, you risk facing harsh penalties, including prison time, significant fines, the requirement to register as a sex offender, and various other harsh consequences that can affect your reputation, employment, and personal freedom for the rest of your life. In these types of cases especially, having child pornography attorneys on your side as soon as possible is essential to protect your rights and your future.
How Shreveport Criminal Defense Attorney Michael Vergis Can Assist in Child Pornography Cases
Needless to say, facing a child pornography charge in Louisiana is a serious matter with severe legal and personal consequences. These cases often involve complex issues and can include intense scrutiny by either state prosecutors or federal prosecutors, or both, depending on the circumstances.
With a deep understanding of both state and federal laws, Abogado Michael J. Vergis, un experto criminal defense lawyer in Shreveport and Bossier City, offers experienced representation to individuals accused of these serious crimes. Whether the charges involve possession, distribution, or other forms of internet crimes involving child porn, he understands the high stakes and the potential for life-altering penalties.
When you reach out to The Law Office of Michael J. Vergis, he will waste no time developing a comprehensive defense strategy tailored to your unique situation. His approach includes thoroughly investigating the allegations, examining evidence for procedural errors, and addressing any mitigating or aggravating factors that could impact your case. As a seasoned criminal defense lawyer, he has plenty of experience navigating both Louisiana state courts and federal courts, enabling him to handle cases with multi-jurisdictional challenges effectively.
Michael works closely with each of his clients to explain and explore their legal options in order to build a serious defense against such serious charges. As one of the leading child pornography lawyers in Louisiana, he is committed to protecting his clients’ rights, challenging the prosecution’s evidence, and negotiating prosecutors to pursue the best possible outcome with skill and discretion.
Defenses Against Child Pornography Charges
In defending against child pornography charges, Bossier City/Shreveport criminal defense attorney Michael J. Vergis may use several key defense strategies, depending on the specifics of the case. Possible legal defenses include:
- Lack of Knowledge or Intent: Arguing that the content was not knowingly downloaded or that the defendant was unaware of the material’s content and how it came to be on their device, which can apply in cases of accidental downloads or hacked devices.
- Evidencia insuficiente: Challenging whether the prosecution can prove beyond a reasonable doubt that the defendant had control over or access to the material in question, particularly if there are gaps in proving who had access to or control over the material.
- Illegal Search and Seizure: If law enforcement obtained evidence without following proper procedures or violated the defendant’s rights, the defense can argue for suppression of evidence based on the Fourth Amendment.
- Identidad equivocada: Arguing that someone else may have accessed or uploaded the material, especially in cases involving shared devices or accounts.
- Lack of Possession: Arguing that the defendant did not have control over the material, which can be effective in cases where the content was in temporary files, cache, or other locations not directly accessed by the defendant.
- Atrapamiento: If law enforcement used undercover tactics or otherwise induced the defendant into committing an offense they would not have otherwise committed, entrapment may be a viable defense.
These defenses require a thorough understanding of the laws surrounding sexual conduct as well as the technical and procedural aspects of digital evidence. This makes Michael Vergis’s extensive experience in both of these areas and his understanding of both state and federal law instrumental in building a strong, tailored defense strategy.
Contact Experienced Louisiana Sex Crimes Attorney Michael J. Vergis for a Confidential Consultation ASAP
Facing criminal charges for a sex crime–whether that’s indecent behavior, child molestation, or possessing, distributing, or producing child pornography–is an incredibly serious matter that requires immediate action and skilled representation from a criminal defense lawyer who understands the ins and outs of these cases and their potentially devastating consequences. At The Law Office of Michael J. Vergis, our Shreveport child pornography lawyers are dedicated to defending your rights and ensuring a fair legal process.
Contact our law office today for a free case evaluation to discuss your defense options with an experienced child pornography lawyer in complete confidence. Simply call (318) 698-3724 o complete our online intake form para ponernos en contacto hoy.
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