Savannah Child Pornography Attorney

Understanding Child Pornography Charges in Savannah

Child pornography charges can devastate an individual's reputation, family life, and career. With so much at stake, it is in your best interest to speak with a Savannah internet crimes attorney as soon as possible. In many cases, even when the individual is not guilty of the alleged crime, the mere accusation can wreak havoc. 

This is just one reason why it is crucial to speak with a highly trained attorney as soon as you have been arrested or if you are being questioned about any case involving child pornography. Exercise your right to remain silent and get an attorney immediately.

Schneider Lerch, LLC has helped countless individuals facing significant charges such as child pornography. We understand how overwhelming and frightening dealing with the criminal justice system can be, so we do everything possible to protect our clients' rights and liberty from the moment the case is taken on. 

Having an experienced attorney on your side to protect your rights can mean the difference between serving prison time and getting your charges dismissed. We know what is at stake for you - please call us today so that our criminal defense attorney can review the facts of your case.

Our experienced Savannah child pornography attorney is available to provide the defense you need. Free consultations, 24/7 availability, and inside knowledge from a former prosecutor—call (912) 417-5008 now or reach out online.

Understanding Child Pornography Laws in Georgia

Georgia law prohibits various activities related to child pornography, primarily outlined in the Georgia Criminal Code, Title 16, Chapter 12, Part 2. These laws apply to actual children as well as computer-generated images that are "indistinguishable from an actual and identifiable child." The severity of the charge and its penalties depend on the specific conduct involved and whether it's a first or subsequent offense. A child pornography lawyer in Savannah must possess a deep understanding of these specific statutes.

Sexual Exploitation of Children (O.C.G.A. § 16-12-100)

This is Georgia's overarching statute for child pornography offenses, covering a broad range of activities related to the production, distribution, and possession of child pornography. A person may not:

• Employ, use, persuade, induce, entice, or coerce any minor to engage in or assist in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
• Knowingly create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor engaged in sexually explicit conduct.
• Knowingly bring or cause to be brought into this state any material which depicts a minor engaged in sexually explicit conduct.
• Knowingly possess or control any material which depicts a minor engaged in sexually explicit conduct.

Penalties and Collateral Consequences of Child Pornography Convictions in Georgia

A conviction for a child pornography crime in Georgia, whether state or federal, carries some of the most severe penalties imaginable, extending far beyond incarceration.

Direct Penalties (State Level - O.C.G.A. § 16-12-100):

• Imprisonment: Not less than 5 years nor more than 20 years for most felony violations (e.g., possession, production, distribution).
• Fines: Up to $100,000.00 for each violation.
• Note: Each visual medium in violation can constitute a separate offense, meaning penalties can multiply rapidly based on the number of images/videos.

Direct Penalties (Federal Level - generally more severe):

• Mandatory Minimum Prison Sentences: Many federal child pornography offenses carry mandatory minimum prison sentences that can range from 5, 10, 15, 20 years, or even life imprisonment, depending on the specific crime, quantity of material, and prior convictions.
• Fines: Can reach hundreds of thousands of dollars.
• Asset Forfeiture: Federal law allows for the seizure of assets (money, vehicles, real estate, bank accounts) that are believed to be the proceeds of child pornography offenses or were used to facilitate the crime. This can lead to significant financial ruin.

Collateral Consequences:

A child pornography conviction in Georgia carries devastating and often lifelong collateral consequences, extending far beyond direct legal penalties. The most impactful is mandatory and typically lifelong sex offender registration on public databases, subjecting individuals to stringent residency restrictions, making housing incredibly difficult, and permanently closing many employment opportunities, particularly those involving children or positions of trust. This conviction also brings profound social stigma and ostracization, damaging personal and family relationships due to severe societal condemnation.

Furthermore, a felony conviction results in the loss of civil rights like voting and firearm possession, and imposes significant travel restrictions. For non-U.S. citizens, child pornography convictions are classified as "aggravated felonies" under immigration law, leading to immediate deportation and permanent inadmissibility to the United States. In some severe cases, individuals deemed "sexually violent predators" may even face involuntary civil commitment to a secure treatment facility after completing their prison sentence, potentially for life.

Potential Defenses Against Child Pornography Charges

Successfully defending against child pornography charges involves meticulously scrutinizing the prosecution's evidence and identifying constitutional violations. A primary defense focuses on lack of knowledge or intent (for possession/viewing), arguing inadvertent exposure, unawareness of illicit content, third-party access, or malware/hacking. 

We also challenge the "minor" status of the individual in the images, potentially requiring expert analysis to prove they were an adult or that the images were not indistinguishable from actual children. Georgia law also provides limited affirmative defenses in rare possession cases if specific age and permission criteria are met, potentially reducing charges to a misdemeanor.

Further defense strategies involve aggressively filing motions to suppress evidence obtained through constitutional violations, such as unlawful search and seizure, coerced confessions, or Miranda/right to counsel violations. We rigorously scrutinize the chain of custody for digital evidence and forensic lab procedures to identify errors or contamination that could compromise evidence integrity. If there's insufficient evidence, we'll highlight weaknesses or contradictions to create reasonable doubt. Finally, we may argue to challenge federal vs. state jurisdiction if one offers a more favorable outcome.

Don’t Let a Sex Crime Conviction Tarnish Your Reputation

We understand the impact that child pornography charges can have on our clients' lives and have assisted many through this difficult time. It is understandable to feel anxious about your future when facing these types of charges; however, speaking with an attorney can help you understand exactly what you are up against and what we will do to help you fight back. 

Numerous errors can be made by law enforcement in gathering evidence or other aspects of the case. We must evaluate every detail in the case to determine what strategy could be employed to fight the charges in court. Contact us so we can review your case. We may be able to achieve a dismissal if there have been serious police errors, such as illegal search and seizure.

Call (912) 417-5008 or reach out online to set up a consultation with a Savannah child pornography crimes defense attorney.

Frequently Asked Questions About Child Pornography Charges in Georgia

How Is Digital Evidence Handled in These Cases?

Digital files like photos and videos are central to prosecution, but law enforcement must follow strict rules when collecting, storing, and analyzing this evidence. If these procedures are violated, the evidence may be thrown out. Our legal team scrutinizes every step for errors that could weaken or invalidate the prosecution's case.

Why Should I Hire a Lawyer Immediately After Being Charged?

Early legal intervention gives your attorney time to assess the allegations, protect your rights, and collect time-sensitive evidence that could support your defense. Prompt action also helps preserve opportunities for pretrial motions and negotiations that may lead to reduced charges or case dismissal.

Can I Be Charged Even If I Didn't Create or Share the Content?

Yes. In Georgia, possession alone can lead to criminal charges, even if you didn’t create or distribute the material. Prosecutors often do not need to prove intent to share—only that the content was knowingly possessed or accessed. A strong legal defense may involve challenging knowledge or intent.

Is Accidental Possession a Valid Defense?

It can be. If content was unknowingly downloaded through spam, pop-ups, or malware, that may form a viable defense. Proving that you lacked awareness or intent to view the content is complex, but possible with digital forensic analysis and expert testimony.

Can These Charges Be Resolved Without Going to Trial?

In some cases, yes. Depending on the facts, your lawyer may negotiate for a plea deal that reduces charges, avoids prison time, or limits registration requirements. Each case is unique, and the strategy depends on the quality of the evidence and legal circumstances.

Will My Case Be Handled in State or Federal Court?

Child pornography cases can be prosecuted at either the state or federal level—or both. Federal cases often carry harsher sentences and are typically filed when distribution or interstate internet activity is involved. A qualified attorney will evaluate the jurisdictional issues and respond accordingly.

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