Possession of child pornography in Oklahoma City is a serious charge that could see you do a lot of time in prison and pay hefty fines.
Possession of pornographic material involving children is tried as a felony in Oklahoma City. If you find yourself facing such charges, you most definitely should talk to a criminal defense lawyer in Oklahoma City. An experienced attorney can put together a strong defense for you to help you avoid jail or the hefty fines you could have to pay upon conviction.
How Courts Identify Child Pornography
At times what is art can be mistaken for child pornography and vice versa. To avoid such confusion, the courts in Oklahoma have criteria that they use to draw the line between pornography and art. When children are involved, the line between what is pornography and art is not too much a matter of opinion.
Any visual depiction of a child under 18 years engaged in sadomasochism, sodomy, sex, and the like are considered child pornography in Oklahoma City. Images of exposed breasts, buttocks, or genitals of a minor designed to cause sexual stimulation are strictly forbidden. Okla. Stat. tit. 21 § 1024.1
The law clearly defines what is considered obscene. Therefore, if:
- a reasonable person would find it offensive, then it is considered obscene;
- an average person would find that the material appeals to a person’s prurient sexual interest, then it is disallowed; or
- the material has no serious educational, social, and artistic purpose, then it is considered obscene.
What The Prosecutor Must Prove
The district attorney must prove the following beyond a reasonable doubt to get you convicted of possession or procurement of child pornography.
- Knowingly
- manufacturing, procuring, or possessing (causing to be sold and distributed)
- child pornography.
The district attorney must prove that the defendant was knowingly and intentionally in possession of child pornography. The prosecutor always has a tough time proving that a defendant knowingly possessed child pornography. Thus, discounting this element is a possible area of defense.
However, it must be emphasized here that only an experienced and knowledgeable lawyer can determine the best defense in your case.
Penalties
If you are found distributing child pornography in any way, it means you have possession of the same. Distribution and possession are somewhat tied together under the law in Oklahoma.
The punishment for being found with child pornography could be as much as 20 years in prison, a fine of up to $25,000, or both.
Get Help
If you face charges of possession of child pornographic materials, you should talk to an Oklahoma City criminal defense attorney immediately. We make it easy for you to get the help you need by offering you an initial free, no-obligation talk with our attorney.
Do not depend on the expertise of law enforcement and investigators in Oklahoma City. Those work to put you away as they represent the state. You must get your legal expert to look out for your interest.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
If you prefer, you may send your question using the contact form at the top right side of this page.