Boston Child Pornography Lawyer

It is strictly against federal law to possess child pornography that has been mailed, moved in interstate or foreign commerce, or electronically distributed in any way. For a person to be found guilty for such a sex crime, the prosecution must convince the jury each of the following requirements beyond a reasonable doubt: 

• The accused knowingly possessed the suspect item (book, tape, file, etc.).
• The item contained at least one image of child pornography.
• The accused knew the item contained at least one such image.
• The image of child pornography had been mailed or moved in interstate commerce.

Are you facing a charge of child pornography possession in Massachusetts? Call Brad Bailey Law today at (617) 500-0252 or contact us online to schedule a meeting with our child pornography attorney in Boston! 

What are the Penalties for Possession of Child Pornography?

Federal penalties for knowingly receiving or distributing child pornography (by any means of interstate commerce, including a computer) are strict:

• 5 – 20 years in federal prison for first-time offenders
• 15 – 40 years for a second offense

Because possession of child pornography carries a potential penalty of up to 10 years in federal prison, but no mandatory minimum, it is charged less frequently than receiving/distributing. As with related federal convictions, such a conviction in state court also triggers sex offender registration obligations.

Proving Possession of Child Pornography in Massachusetts

In Massachusetts state court, the required elements of proof for possession of child pornography are:

• The defendant knowingly possessed the image(s);
• There is an image of a person under the age of 18 who is [actually, or by simulation, engaged in an act of sexual contact, etc…];
• The accused knew, or reasonably should have known, the person in the image was under the age of 18; and
• The accused knew of the nature and content of the image(s).

A conviction in MA state court for possession of child pornography carries a maximum penalty of up to 5 years in state prison; distribution/dissemination requires imposition of a mandatory minimum prison sentence of 10 years [When prison is imposed]. As with related federal convictions, such a conviction in state court also triggers sex offender registration obligations.

Legal Defenses Against Child Pornography Charges

Defending against child pornography charges is complex and requires careful legal strategy. The defenses available depend on the circumstances of the case, the jurisdiction, and the specific charges.

Here are some common legal defenses used in these cases:

• Lack of Knowledge or Intent: The defendant must have knowingly possessed or distributed illegal material. If the material was unknowingly downloaded (e.g., through malware, spam, or pop-ups), this could be a defense. If someone else had access to the defendant’s device (e.g., family member, hacker, or coworker), they may not be responsible.
• Lack of Possession or Control: Prosecutors must prove the defendant had control over the material. If the files were in a temporary internet cache or accessed inadvertently, this could be a defense.
• False Accusation or Mistaken Identity: A disgruntled individual (e.g., ex-spouse in a custody battle) may falsely accuse someone. Digital evidence can sometimes be misattributed to the wrong person, especially if multiple users have access to the same device.
• Lawful Age Mistake (If Applicable): If the person depicted in the alleged material was actually 18 or older, but appeared younger, the prosecution’s case may fail. If the defendant had a reasonable belief that the individual was of legal age, in some jurisdictions this might be a defense (though many laws impose strict liability).
• Entrapment by Law Enforcement: If law enforcement coerced or induced the defendant into committing the crime when they otherwise wouldn’t have, this may be a defense. However, law enforcement sting operations are typically not entrapment unless they pressured the individual beyond simply providing an opportunity.
• Unlawful Search and Seizure (Fourth Amendment Violation): If evidence was obtained without a proper warrant or through illegal searches (e.g., no probable cause), it may be suppressed. This can lead to charges being dropped if key evidence is ruled inadmissible.
• Computer Hacking or Third-Party Access: If unauthorized individuals (e.g., hackers, remote users) placed or accessed illegal content on the defendant’s device, they may not be responsible. A forensic expert can help prove whether external actors were involved.

Why Hire Brad Bailey Law?

At Brad Bailey Law, Boston defense attorney Brad Bailey has years of legal and trial experience necessary to craft a defense that shuts down the prosecution. Where other law firms may be hesitant to take such a sensitive case, Brad rises to the challenge and uses all of his best skills and abilities to find you a positive outcome. For instance, he may be able to prove that you never possessed more than three pornographic images of minors, took reasonable steps to destroy said images, never allowed any other person to access the images, and notified the proper law enforcement agencies; in such a case, you should be found not guilty, and Attorney Bailey can take the steps to ensure that you are defended properly.

It is the government’s burden to prove beyond a reasonable doubt that all the elements listed in the prosecution’s case point to your criminal intent and criminal actions. They will be most concerned with proving that you knowingly possessed the child pornography images, as it is entirely possible in this age of digital downloads that you came across such images while attempting to download something else.

There are distinct aspects of the prosecution’s case that must be defined and proven:

• Knowingly: When an act was done voluntarily and intentionally, and not because of a mistake or accident.
• Possess: Exercise control, dominion, or authority over something.
• Child pornography: Any photograph, film, video, picture, computer image, or computer-generated image of sexually explicit conduct, which was produced by using an actual person under age 18 engaging in such conduct.
• Sexually explicit conduct: Actual or simulated sexual intercourse of any sort, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genital area.
• Shipped or transported in interstate or foreign commerce: Transmitting an image over the internet or over telephone lines.

If just one of the aforementioned aspects of the prosecution’s case cannot be upheld and proven in court, the entire case against you can fall apart. Boston Sex Crime Attorney Bailey knows where to look in the prosecution’s arguments, identify weak spots, and exploit them.

Contact Our Boston Child Pornography Attorney Today 

Brad Bailey is without a doubt amongst one of the most experienced attorneys in the New England region when it comes to defending Child Pornography charges, as well as mandatory related sex offender registration; his skill and expertise in defending Child Pornography cases in state and federal court is so widely recognized that Brad hasn't just been hired to handle them in Massachusetts state and federal courts at all levels, but also in other courts in other states including Rhode Island, Connecticut, New York, Maine, and Arkansas.

For more than 35 years, Boston criminal defense attorney Brad Bailey stood on the other side of the courtroom, using his unrivaled knowledge and know-how to prosecute people accused of both state and federal crimes; he was even an acting Assistant District Attorney for New York County (Manhattan) and Middlesex County. By bringing his unique experiences to your defense case, he can anticipate and challenge the opposition's moves before they gain any headway. Work with his firm to strengthen your chances of securing a case dismissal or charge reduction.

Contact Brad Bailey Law today to schedule a FREE consultation with our child pornography lawyer in Boston!