Possession of Child Pornography: Legal Penalties and Defenses in Michigan

Possession of Child Sexually Abusive Material (CSAM), commonly known as “possession of child pornography,” is a serious crime that carries severe penalties, including jail time punishment, thousands of dollars in fines, and mandatory registration as a sex offender (SORA). In addition, the emotional and social toll of being charged with possession of child pornography cannot be understated. Defending against charges of possession of child pornography requires a comprehensive understanding of the legal process, a precise definition of “possession of child pornography,” and extensive knowledge of the legal defenses available.

Elmen Legal is a criminal defense law firm in Ann Arbor that represents people charged with possession of child pornography statewide. Defense attorney Robert Elmen is meticulous in his preparation and approach to every criminal defense case he takes on. He will carefully research the facts and the law, explain and help you evaluate your options, and prepare a vigorous defense.

Contact Elmen Legal today to schedule a free, confidential, and no-obligation appointment to discuss your situation and how Attorney Elmen can help.

What Constitutes Possession of Child Pornography?

In Michigan, possession of child pornography means knowingly possessing, seeking, or accessing any image, video, or material that includes a child engaged in explicit sex acts. A child includes any person under the age of 18. An individual can be charged with possession of child pornography regardless of whether they actively sought out the sexually explicit material or how it was acquired or possessed.

Is Viewing the Same As Possessing?

Under Michigan law, a person can be convicted for possession of child pornography if they are in actual or constructive possession of CSAM. Possession of child pornography occurs when a person has actual control or knowingly has the power and intention to exercise dominion or control over CSAM. Under this definition, purposefully viewing CSAM on a computer screen, for example by paying for it, constitutes constructive possession of the CSAM.

Penalties for Possession of Child Pornography

The penalties for possession of child pornography are severe and can have a long-lasting impact. Possession of child pornography is a felony, punishable by up to four years in prison, a fine of up to $10,000, and mandatory registration as a sex offender for a single offense. If the CSAM is particularly offensive or in substantial quantity, the penalty can be up to ten years in prison and a $50,000 fine.

Defenses to Charges of Possession of Child Pornography

Someone charged with possession of child pornography in Michigan must establish a strong legal defense that will protect their rights and their future. Elmen Legal will explore all available legal avenues and develop a comprehensive defense strategy.

Challenging the Validity of Search Warrants

Law enforcement agents must follow strict protocols to obtain and execute a search warrant. If the police violated your rights when seeking or executing a search warrant, you may be able to have some or all of the illegally obtained evidence excluded from consideration, which can lead to productive plea bargaining and a substantial reduction in the severity of the penalties you might face.

Lack of Knowledge

Proving possession of child pornography requires evidence that a person knowingly possessed CSAM. A person knowingly commits an offense when they are aware their actions could lead to a violation, even if they do not specifically intend to possess CSAM. For example, a person could knowingly possess child pornography if they willfully ignore facts that would lead a reasonable person to believe their actions would constitute a crime.

However, a person can negate the knowledge element by showing they did not act knowingly. For example, a person who downloads a file from the internet that they did not know contained CSAM could avoid criminal liability by preventing others from accessing it.

Not Child Pornography

A defense against criminal charges for possession of child pornography should evaluate whether the material at issue falls within the definition of CSAM and whether the defendant “knew or should have known” that the person depicted in the images was under 18.

Challenging Digital Forensic Evidence

Digital evidence can be complicated, and errors in data collection can lead to wrongful accusations. Forensic technicians must use legally sound methods to extract and examine digital evidence. By working with experts to carefully scrutinize the accuracy of digital evidence, Elmen Legal can cast doubt on its reliability and accuracy.

Examining the Chain of Custody

For digital evidence to be reliable and admissible, prosecutors must be able to prove it was handled properly from the moment it was seized until it is to be presented in court. Any mishandling of evidence can lead to a challenge based on the chain of custody.

Choose the Right Lawyer to Defend Against Charges of Possession of Child Pornography

Criminal charges for possession of child pornography are serious and emotionally charged. A conviction carries severe penalties, as well as the stress and stigma of being labeled a sex offender. To protect yourself and your rights and increase the likelihood of a successful outcome, you need to work with an experienced criminal defense attorney.

Elmen Legal can evaluate your situation, provide thoughtful advice and strategic legal guidance, and mount a vigorous defense against charges of possession of child pornography. We also handle cases involving distributing child pornography and can guide clients through the complexities of these serious allegations.