Child Pornography Charges in Rogers County are serious and can land you in prison. With the advent of technological based crime-fighting techniques, computer crimes and digital media crimes have greatly increased. Tracking of IP addresses and the origin of certain media, such as child pornography, is a fast-growing field. This can account for the 2500% increase the FBI reports in child pornography arrests over the last ten years. Due to this sharp uptick in arrests, child pornography has become an extremely serious offense. If you face these charges, this article will detail the offenses and punishments.
Laws on Child Pornography
Federal Statutes: 18 U.S.C. §2256(8)
This statute in a nutshell makes any form of child pornography illegal. It includes actual photos or computer-generated images. The statute specifically states:
“…child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct…”
So having an of-age person engaging in explicit sexual conduct while intending to appear as a minor, could be serious trouble. Further, any simulated image—even if it is not real—is also child pornography.
ALSO FACING STATUTORY RAPE CHARGES? READ ABOUT IT HERE.
State Statutes: 21 Okl.St.Ann. 1024.1(A)
Oklahoma state statutes closely follow the Federal statutes. The statute details the actual product more vividly than the federal statutes, which tend to focus more on the content of the products. For example, the actual language of the Oklahoma statute is:
“child pornography means and includes any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, play or performance wherein a minor under the age of eighteen years is engaged in any act with a person…”
Thus, while the content is already federally a crime, the state of Oklahoma makes child pornography punishable in more forms than simply computer-based products. Even undeveloped film and role play could be forms of child pornography under Oklahoma laws.
Child Pornography and the Punishments
The general consequences for possession of child porn in Oklahoma equals up to 20 years imprisonment. You will also face the possibility of fines up to $25,000. Further, this is a felony and will remain on your permanent record.
If you possess over 100 images or products of child pornography you face charges of aggravated possession. Aggravated possession of child pornography may land you in prison for life. Your fines will be minimum $10,000. Plus there is always possible restitution to pay the victim and you must register on the Oklahoma Sex Offender Registry. This will prevent you from having homes in certain vicinities around schools, churches, or daycares.
Federal laws will require you to serve at least five years in prison on distribution of child porn convictions. If you are a repeat sexual offender though, the sentence raises to a minimum of fifteen years and could reach up to forty years imprisonment.
Criminal Defense in Rogers County
Our criminal defense attorneys understand that sometimes child pornography accusations are bogus and a tool for someone to seek control or revenge. There are affirmative defenses we can assert on your behalf. For a free and confidential consultation with Kania Law – Claremore Attorneys, call 918.379.4872. Or you can follow this link and ask a free online legal question.
