Kansas City Criminal Defense Lawyers
Can I Be Arrested for Receiving Child Pornography?

Can I Be Arrested for Receiving Child Pornography?

Can I Be Arrested for Receiving Child Pornography?

You can’t control everything that is sent to you online. You may be wondering, what if you’re sent illegal and explicit content? Are you at risk of facing criminal charges?

Child Pornography Statutes

The language used in KAN. STAT. ANN. § 21-5510 clarifies when you may be charged with sexual exploitation of a child.
The grounds for arrest include:

  • Persuading or coercing a person under 18 to engage in explicit sexual conduct while being photographed or filmed.
  • Possessing child pornography with the intent of sexual satisfaction.
  • Consenting to your child to participate in lewd conduct.
  • “Promoting” sexual content involving a minor. This could be selling, lending, delivering, circulating, or publishing the content.

Intent

Based on the above law, possession of child pornography is a crime when you intend to use it for sexual gratification. Therefore, if someone randomly sent you pornographic content of a minor, you would not be charged with possession. If you saved the content, however, you could face charges.

Mistake of Age

You may view or receive pornographic content that doesn’t clarify how old the individual in the content is. If you unknowingly send or view child pornography, can you be charged?

When this happens, it is a bit more complicated. During an investigation, there needs to be evidence that you reasonably should have known the age of the individuals in the content to charge you.

If you face child pornography charges, your defense team must prove you were unaware that the individuals in the explicit content were minors.

What To Do If You Are Sent Child Pornography

Possessing child pornography is a felony offense that comes with life-long consequences. If you were sent child pornography, you need to take action to ensure there is no confusion about your intent with the content.

After being sent lewd content of a minor, contact your local police to report the content. You may also want to report the incident to your internet service provider. Showing that you took these steps can help save you from a criminal conviction.

Kansas City Criminal Defense

If you are facing child pornography charges, contact Stein Law, LLC as soon as possible. We have extensive experience handling complex sex crimes cases; we know what it takes to win.
 

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