Criminal Defense of Child Pornography Charges
The defense of child pornography charges or CSAM is an extremely difficult area of the law, and prosecutors are specially trained and highly aggressive. The best and most effective defense lawyers are aggressive, zealous, and fearless.
What does “Possession” of Child Pornography mean?
The Michigan Supreme Court has determined that possession in the context of child sexually explicit material and possession of child pornography cases includes both actual and constructive possession. This makes it extremely difficult for a person accused of possession of child pornography to defend themselves.
In the case decided by the Michigan Supreme Court, the defendants were identified after federal officials raided a company in Florida that sold child pornography on the Internet. The defendants argued that passive viewing did not constitute possession of child pornography. The court disagreed.
The Michigan Supreme Court held that possession of child pornography occurs in cases when a person has actual control or knowingly has the power and intention to exercise control over a depiction of child sexually abusive material, including an electronic or computer image.
The court determined that viewing child pornography on a computer was constructive possession because the viewer can exercise dominion and control over the images by such things as saving, printing, and emailing them, just to name a few. Three justices dissented from the majority opinion. The dissenters felt that it was a huge leap to assume that every time someone intentionally views an image on a website, they intend to save, print, or email it. If an image was inadvertently displayed without knowledge or intent, the accused person is not guilty of possession of child pornography; however, the government will be hard-pressed to concede a lack of awareness.
Michigan Criminal Defense Attorney Experienced in Child Pornography Cases
If you, or a loved one, is faced with a criminal offense or child pornography charges, it is important that you have an attorney that is experienced in defending people charged with crimes. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. only practice in the area of criminal defense. They have decades of experience representing people charged with crimes in state and federal courts all over the State of Michigan.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
