While use of and access to the internet is a “must” in today’s day and age, the internet has unfortunately become the primary medium for the viewing and distribution of child pornography, which is a federal crime. Federal law prohibits the possession, manufacture or distribution of child pornography.
While the U.S. Supreme Court has held that private possession of “obscene material” cannot be forbidden and is considered protected speech and included an objective analysis as to whether material is obscene or not….that analysis was related to adult pornography only…not child pornography.
The Supreme Court has held that Child pornography is not protected speech under the 1st Amendment and is therefore not subject to obscenity analysis. The Court held that the compelling state interest in preventing the sexual abuse of children involved in producing child pornography justified banning child pornography altogether.
For Constitutional purposes, child pornography is defined as “works that visually depict sexual conduct by children below a specified age.” The possession and viewing of child pornography are not entitled to 1st Amendment protection because the government has a compelling interest in protecting the physical and psychological well being of the exploited minors.
To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wksexcrimes.com or call us at (877) 466-5245. We will be there when you call.