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Harper & Harper | Attorneys At Law
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Over 100 Years of Combined Litigation Experience

Fighting for Northwest Indiana's Injured and Accused

Child Pornography

If you believe you will be charged with possession of child pornography, it is important you contact an attorney immediately. Typically, a defendant becomes aware that he may be charged because law enforcement has, through a search warrant, confiscated either their computer or cellphone.

The seriousness of the charges will depend on whether the defendant is simply charged with having pornography in their possession or also charged with sharing it with others. It is not unusual for those convicted of these types of crimes to receive substantial prison sentences. There is a possibility of sentences even up to 40 years. There is also the risk that a defendant may be charged not only in state court but also federal court.

If you learn that you may be charged with such a crime, it is critically important to not give a statement to the police. Many times, such an accused believes that if he talks to the police the state will go easier on them. Very seldom is that true. You should always talk to a lawyer and have a lawyer present if you have any discussion with the authorities.

In most of these kinds of cases, an investigation begins with the police searching a defendant’s computer, cell phone, social media accounts, etc. A first line of defense is often to raise whether the search itself was legally valid and to question whether the authorities crossed the line in accessing the defendant’s information.

For example, sometimes more than one person has access to a particular computer or electronic device. If so, the question becomes whether the defendant had actual knowledge that there was child pornography in his possession.

At Harper and Harper, LLC, as in any criminal case, we will sit down and discuss the charge(s) with you. Our initial consultation is free. During such a discussion, we will evaluate the alleged charges, then quote a fee and determine whether payment arrangements can be made.

At Harper and Harper, LLC, if you’ve been charged with possession of child pornography, or if you believe you may be charged, we can help. Call our office at 219-762-9538.

Frequently Asked Questions

What are the penalties for child pornography in Indiana?

Possession of child pornography is a Level 5 felony in Indiana, carrying 1 to 6 years in prison. Distribution or dissemination is a Level 5 felony as well. Production of child pornography is charged as child exploitation, a Level 4 felony carrying 2 to 12 years. Federal charges, which are common in these cases, carry significantly harsher penalties including mandatory minimum sentences.

Can child pornography cases be charged federally?

Yes, and they frequently are. Because digital images often cross state lines via the internet, federal jurisdiction is common. Federal child pornography charges carry mandatory minimum sentences of 5 to 15 years for first-time offenders, and the sentencing guidelines often result in substantially longer sentences.

What should I do if I am being investigated for child pornography?

Contact an attorney immediately and do not speak to law enforcement without legal representation. Do not attempt to delete files or destroy electronic devices, as this can result in additional charges for destruction of evidence. An experienced attorney can protect your rights during the investigation and advise you on the best course of action.

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