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Affirmative Defenses in Child Pornography

For our clients who have been accused of distributing, possessing, selling and/or transporting child pornography, it’s important to take stock of what legal defenses you can use. Choosing the wrong legal defense can often result in severe consequences, including lengthy prison sentences. Therefore, it’s absolutely imperative that those facing child pornography charges contact the attorneys at the Brill Legal Group, as we can help you choose the best defense to child pornography charges.

An affirmative defense is different than a defense; it is a specific legal exception that can be used to fight a charge. Using an affirmative defense can be a delicate process; fortunately, the attorneys at Brill Legal Group have a wealth of experience using such defense tactics.

Manhattan Lawyer Using an Affirmative Defense in Child Pornography Cases

Under Title 18, Chapter 110, Section 2552, an affirmative defense may only be used if the defendant:

  • Possessed less than three matters containing child pornography;
  • Promptly took reasonable steps to destroy each item containing child pornography; or
  • Reported the matter to a law enforcement agency and afforded that agency access to each item containing child pornography.

Remember, though, that this only applies under federal law. State law may still make possession of even small amounts of child pornography illegal, so going to a law enforcement agency without first contacting an attorney could be extremely dangerous.

Contact the Brill Legal Group When You Need Experience in Your Corner

Using an affirmative defense in child pornography cases requires the expertise of a proven legal team. Contact us or call the Brill Legal Group at: 888-315-9841 regarding your case today. We represent clients in Eastern District of New York, the Southern District of New York, and across the United States.

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