Pornography charges, especially those involving minors, are not only judged harshly by society, but also by the courts. These charges can result in some of the steepest of all penalties, including years of imprisonment and enrollment in a sex offender registry.
When someone is charged with obscenity or pornography offenses, they need an advocate who understands the delicate situation they are facing. Dan Carman and Attorneys believe that everyone deserves fair treatment under the law, regardless of the charges against them. We understand that many of our clients have seen their friends, family members and coworkers turn against them, and that we are literally their last line of defense.
What are Pornography Charges?
Many of the offenses referred to as “pornography” in Kentucky are labeled as obscenity charges. As you’ll see, the term obscene is often in the eye of the beholder. “Obscene” materials are defined in Kentucky law as follows:
- To the average person, applying contemporary community standards, the
predominant appeal of the matter, taken as a whole, is to prurient interest in
sexual conduct; and - The matter depicts or describes the sexual conduct in a patently offensive way;
and - The matter, taken as a whole, lacks serious literary, artistic, political, or
scientific value.
The law continues in its definition of sexual conduct:
“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality,
sexual intercourse, or deviant sexual intercourse; or physical contact with the
genitals, flagellation, or excretion for the purpose of sexual stimulation or
gratification.”
Distributing “obscene” materials is a Class B misdemeanor, or a Class A misdemeanor if distributed to a minor. Advertising or promoting the sale of obscene matters is a Class B misdemeanor.
Child Pornography
Charges of child pornography in Kentucky are dealt with harshly, often in federal court. The charges can result in years to life in federal prison. Other penalties included enrollment in a sex offender registry, heavy fines and psychological treatment. Even first-time offenses can result in years of imprisonment.
These charges have serious legal and personal ramifications for the accused. They are perhaps the most taboo of all criminal offenses in our legal system, and they can permanently change a person’s life in terrible ways.
How We Can Help
The criminal defense lawyers with Dan Carman and Attorneys provide all our clients with experienced, aggressive legal representation. We realize how serious these charges are, and that they require a deep understanding of the complexities facing both the defendant and the prosecution.
A defense attorney will ask the prosecution to prove that the accused was knowingly and intentionally in possession of the materials in question. For example: Were the materials found on the defendant’s hard drive? Were they downloaded by the defendant himself or were they sent to the defendant by another party?
Because many of these charges stem from the use of computers or other electronic devices, they often involve the growing, complex field of computer forensics. Our legal team is prepared to handle the intricacies of computer sex crime cases, and we can assure you that we will use every tool at our disposal to build the best defense possible.
If you or a loved one has been charged with pornography-related offenses, call the criminal defense lawyers with Dan Carman and Attorneys today. We represent clients across Kentucky and respond quickly to inquiries. It is important to act as quickly as possible to ensure that you are treated fairly and that your defense can be started right away. Contact Dan Carman and Attorneys to learn more about how we can help.
