Top Lincoln, NE Child Pornography Lawyers Near You

Child Pornography Lawyers | Lincoln Office

6940 O St, Suite 400, Lincoln, NE 68510

Child Pornography Lawyers | Lincoln Office

233 S 13th St, Suite 1100, Lincoln, NE 68501

Child Pornography Lawyers | Lincoln Office

121 S 13th St, Suite 702, Lincoln, NE 68508

Child Pornography Lawyers | Lincoln Office

1630 K Street, Lincoln, NE 68508

Child Pornography Lawyers | Lincoln Office

650 J St, #400, Lincoln, NE 68508

Child Pornography Lawyers | Lincoln Office

610 J Street, Suite 200, Lincoln, NE 68508

Child Pornography Lawyers | Lincoln Office

610 J Street, Suite 200, Lincoln, NE 68508

Child Pornography Lawyers | Lincoln Office

201 N 8th St, Suite 242, Lincoln, NE 68501

Lincoln Child Pornography Information

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Find a Child Pornography Attorney near Lincoln

The Average Total Federal Prison Sentence for Child Pornography in Nebraska

89.53 months*

* based on 2019 Individual Offenders - Federal Court sentencing in Nebraska federal courts. See Sentencing Data Information for complete details.

What Is Considered Child Pornography?

Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under the age of 18). Sexually explicit conduct means actual or simulated:

  • Sexual intercourse
  • Bestiality
  • Masturbation
  • Sadistic or masochistic abuse
  • Lascivious exhibition of the genitals or pubic area

Child pornography may also include images or videos of child sexual abuse. In the past, pornography generally involved videos or photos. However, visual depictions of sexual activity may take many other forms, including any undeveloped film, data stored on a computer disk, data capable of conversion into visual imagery, peer-to-peer file sharing, or computer-generated child porn images.

Laws against child pornography make it a crime to be involved in the material in any way, including:

  • Possession
  • Receiving
  • Trading and distribution
  • Reproduction
  • Production
  • Solicitation

What Are the Elements of Child Pornography Charges?

When someone is accused of possession of child pornography, the prosecutor has the burden of proof to prove every element of the criminal charges beyond a reasonable doubt. The elements vary by jurisdiction but generally include the prosecutor proving the defendant knowingly possessed or controlled material containing a visual depiction of a minor involved in sexually explicit conduct.

What Are the Penalties for Child Pornography in Nebraska?

Child pornography is a form of child exploitation. The courts take sexual exploitation of a child charges very seriously. There are harsh penalties for possession, distribution, or receipt of child porn material, even if the individual was not involved in direct abuse. In general, any child pornography charge is a felony. Penalties depend on a number of factors, including the amount of material involved, age of the victim, participation in abuse, and prior child pornography convictions.

For example, under federal child pornography laws, a first-time offender convicted of production of child pornography can face a minimum of 15-year prison sentence. A second offense is punishable by imprisonment from 25 years to 50 years. A third conviction includes a maximum of life in federal prison.

When a judge uses sentencing guidelines, they may take into account a number of factors. Aggravating factors can involve harsher penalties, up to the maximum sentence. Aggravating factors in child pornography cases may include:

  • Explicit depictions of a minor under the age of 12
  • Distribution of material to a minor
  • Sadistic, masochistic, or violent depictions
  • Number of images of child pornography

Will I Have to Register as a Sex Offender in Nebraska?

After release from imprisonment or serving out probation, someone convicted of possession or distribution of child pornography may have to register as a sex offender. Mandatory sex offender registration is a continuing obligation to notify and update law enforcement agencies annually and whenever the offender moves. Depending on the child pornography offense and the state, registration may be a lifetime duty. Failure to register or moving without notifying law enforcement may result in criminal charges.

Sex offender registration is generally publicly available. Most states have a searchable website where individuals can search for a registered sex offender by name or location. The online sex offender registry generally includes the offender’s:

  • Name
  • Photograph
  • Age
  • Criminal offense
  • Identifying information

Do I Need a Lawyer If I Am Facing Charges for Child Pornography?

With such serious criminal penalties involved in sex crimes, you may want to contact an experienced criminal defense lawyer for advice. A child pornography lawyer will be able to explain your legal options, evaluate every viable defense, and can challenge the prosecutor’s evidence. After formal charges are filed, your options are generally to plead guilty or take your case to court. Skilled attorneys can also help you negotiate a plea agreement to reduce the charges, try and get the minimum sentence, or have some charges dismissed. Talk to a defense attorney about your strongest defense options.

Are There Legal Defenses to Child Pornography Charges?

When law enforcement agencies conduct a law enforcement investigation, their evidence may only consist of the evidence of pornographic materials on someone’s computer or an IP address using file-sharing programs to exchange digital images. They may not have direct evidence that the defendant accessed or shared the information. It may be an effective defense to show the computer was shared with a roommate or others. Other common defense strategies may include:

  • Wireless router was not secured and accessible to others
  • Defendant did not know a shared file contained illegal images
  • Images were artistic depictions with serious artistic, political, or scientific value
  • Individual portrayed was 18 years old or older at the time

Was the Search of My Computer Legal?

Law enforcement cannot just search anyone’s computer for illegal material. Generally, the police need to have search warrants to conduct a search of computers, homes, vehicles, or other private areas. However, there may be several exceptions where the police do not need a warrant, including when the owner gives consent to search.

If the police conducted an unlawful search, it may be a violation of your constitutional rights against unreasonable search and seizure. Your attorney may be able to file a motion to suppress any unlawfully obtained evidence to keep it out of court. Without evidence of child pornography, the prosecutor may not have a strong enough case to move forward.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

How to Find the Right Attorney

  • Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
  • Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
  • Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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