Were You Accused of Possession of Illegal Pornography?
Any pornography which depicts sexually explicit images of children is considered illegal in the United States. Individuals who have these photos, sell these photos, or view these photos can face serious sex crime charges and penalties.
At Long Law PLLC, we want to defend individuals accused of child pornography. We understand that there are a variety of factors which could lead to an unfair accusation. Maybe you were using a friend's computer when the images were discovered, or maybe a roommate was hiding the sensitive material on your side of the room. Allow us to come alongside you and argue on your behalf. Call us at (888) 510-8182 to schedule your FREE initial consultation.
The Term "Possession" Defined by the Supreme Court of Michigan
Possession of child pornography is considered expressly illegal in Michigan. In fact, a recent case with the Michigan Supreme Court explains that the definition of possession includes both actual and constructive possession of sexually abusive material. Now, the state has declared that any person that has the actual control or the power to exercise dominion or control over a depiction of a child sexually abusive material can be penalized with possession of child pornography, even if the image is in an electronic format.
The Supreme Court declared that when an image is on a computer, it is considered possession because the defendant has the ability to:
- Post the image as a link on a website
- E-mail the image
- Re-size the image
- Delete the image from the hard drive
- Externally save the image to a different drive
- Internally save the image to a hard drive
- Use the depiction in a video or slide show
Essentially, if you have the ability to print, save, e-mail or exercise dominion over an image, you can be charged with possession of this illegal pornography.
Penalties for Possession of Child Pornography
According to the Michigan Penal Code 750.145c, the penalties for possession of child pornographic material is a felony that may result in a jail sentence of up to four years and a fine of up to $10,000 dollars. If the accused individual knows that the material depicts a child under the age of 18, jail time and fines are applicable.
today if you need assistance in a possession case from an Oakland County criminal defense lawyer.