Practice Areas

Child Pornography 

South Carolina Child Pornography Attorneys

In order to crack down on child pornography, state and federal investigators enter chat rooms, pretending be interested in receiving or trading child pornography. In most cases, an FBI agent or state law enforcement officer enters into a conversation that is sexual in nature. He or she may offer to send or receive pornographic images to those interested. In other cases, federal investigators have marked pornographic images with a special code that alerts them anytime they are transmitted over the Internet. Once a person sends or receives child pornography, an investigation is opened and law enforcement officers begin monitoring the online activity of a suspect. In each case, however, there are constitutional issues that involve entrapment, evidence, and the actions of investigators. At the Law Office of Richard J. Breibart, our attorneys defend and assert the rights of those accused of possessing or sending child pornography.

If you are currently under investigation or have already been arrested on charges of child pornography, contact criminal law defense attorneys at the Law Office of Richard J. Breibart today to schedule a confidential consultation.

Federal Charges and Child Pornography

Under 18 USC 2252 of the federal code, a person accused of sending or receiving child pornography over the Internet could face various charges. Not only are there charges for possessing child pornography, there are also charges pertaining to the criminal use of a computer. However, there are issues that must be raised in regard to each kind of charge: did the accused intentionally receive illegal images? Was the accused sitting at the computer when his or her account was being used for illegal activity? Were all the images on a hard drive put there by the accused?

Due to sentencing guidelines in federal cases, it's important to work with an attorney who can address each of these issues and provide a strong defense for you.

Providing a Defense for those Charged with Child Pornography

Federal investigators typically take months if not years to complete an investigation. In general, they attempt to gather enough evidence to ensure the accused is convicted. There are, however, certain factors in child pornography cases that can influence the court's decision regarding sentencing or charges. For instance, people who have been sexually abused as children, are addicted to drugs, suffer from certain kinds of psychological disorders, or take prescription drugs, may experience a distorted sexual drive as a result. That's why we consult psychologists and other experts in asking the court for leniency.

Cell Phones, Teenagers, and Charges of Child Pornography

Recently, teenagers have been arrested on charges of child pornography for sending nude photos of themselves taken with their cell phones. While the case law is not yet clear in this area, technically, the government can charge underage teenagers who take nude pictures of themselves and transmit them to other underage teenagers with child pornography. Here, both those who send and those who receive the pictures are subject to arrest. Our office is prepared to defend clients in this area as well.

Contact The Law Office of Richard J. Breibart Today

We understand child pornography and cases and issues involved in the sexual solicitation of a minor. To schedule a confidential consultation in order to discuss your case, contact criminal defense attorney Richard J. Breibart today.