Child pornography charges, now classified as child sexual abuse material (CSAM) under federal law, carry severe consequences and may lead to arrest by federal or state law enforcement. Possessing or distributing sexually explicit images or videos of minors online or by mail typically triggers an FBI investigation, resulting in federal charges. However, if the material is for personal use and not for commercial distribution, DeKalb County Sheriff’s deputies are more likely to handle the arrest.
These are serious charges with only a small pathway as misdemeanors. Our criminal defense attorneys know from vast experience that there are defenses that may apply to you and negotiations that may sway the prosecutor. We are ardent believers in the court system and will fight for you at trial to get you a fair shake. An arrest does not automatically make you guilty. You have a right to a hardworking Dekalb County child pornography lawyer with extensive knowledge of federal and state law. Contact us today for a free case review.
Federal Law and CSAM
Federal law prohibits the creation, distribution, receipt, or possession of CSAM, which includes any sexually explicit photo or video of a minor under 18. This extends beyond depictions of sexual intercourse; any sexually suggestive nude image of a child can result in charges. The legal basis for these charges is that such material constitutes documentation of child sexual abuse, including rape, exploitation, or molestation. If federal agents make an arrest, the subject’s age is irrelevant under state consent laws—while the state’s age of consent for sexual activity is 16, federal law sets it at 18.
These offenses leave a lasting digital record, as erasing all traces from the internet is nearly impossible. Minors cannot legally consent to sexual activity, meaning they cannot participate in pornography, and the law holds any involved adult fully responsible. If law enforcement accuses you of child pornography, contact a DeKalb County defense attorney immediately—without answering any questions.
Child Pornography Under State Law
Georgia Code Title 16 Crimes and Offenses § 16-12-100 defines the state’s child pornography laws. They are harsh enough to say that every visual image or material connected to a violation is a separate offense.
Anyone who processes pornographic material is legally required to report it to the Georgia Bureau of Investigation or the DeKalb County Sheriff’s Office, and failure to do so is a misdemeanor. In some cases, possessing CSAM may be charged as a misdemeanor, particularly if the material was not distributed commercially and depicts a minor’s consent.
For capable and relatable advocacy, you want a DeKalb County child pornography attorney with a proven record to defend you at trial.
Felony Charges for Child Pornography
Generally, under state law, a conviction for child pornography is a felony, punishable by five to 20 years in prison and a fine not to exceed $100,000.
If you have been previously convicted of a sexual felony, which includes exploiting a child, the second offense can lead to life in prison or a split sentence of prison and probation for life.
Child Pornography Defense
A credible defense can blow a hole in the prosecutors’ case because they must prove your guilt beyond a reasonable doubt. In Georgia, you have a valid defense if the material serves a legitimate educational, scientific, or medical purpose. If law enforcement violated your Fourth Amendment rights during a search and seizure, or if the minor provided credible identification falsely stating they were over 18, these factors could be critical to your case. You have one opportunity to choose the right child pornography attorney in DeKalb County—act before it is too late.
Contact a DeKalb County Child Pornography Attorney to Defend You
In the United States, every defendant has the right to a strong legal defense. We thoroughly examine all possible defense strategies and present mitigating factors in court. Our attorneys are prepared to take cases to trial and will fight aggressively to achieve the best possible outcome for you.
CSAM cases are complex, often involving both federal and state authorities with differing laws. You need an attorney who understands these laws and how they apply to your case. If you have been arrested, call a DeKalb County child pornography lawyer immediately. Contact us today for your case evaluation.
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