Whether you know it or not, the possession of child pornography in Muskogee, Oklahoma can land you into a ton of trouble. If you are facing charges for possession of child pornography, you probably have many questions. Sometimes, the wrong person is arrested when emotions run high.
Do not trust the police to tell you the truth. Find a criminal defense lawyer you can trust instead. There are defenses available to you. Working with your attorney, you can build a strong case.
Here are some of the things you might want to know and discuss with your attorney.
What Oklahoma Law Says About Possession of Child Pornography
Possession and distribution of child pornography are somewhat linked under Oklahoma law. Some of that is a logistical matter. If you are distributing, you have possession of the matter being distributed. There are several laws coving the subject in Oklahoma. Possession of child pornography is always a felony in Oklahoma.
The laws and penalties vary, but they are all severe. The prosecutor has a great deal of leeway in charging a defendant.
Under one Oklahoma statute, the penalty is jail time from as few as 30 days to as many as 10 years. And you could be fined as little as $500 to as much as $20,000 for knowingly possessing child pornography. Okla. Stat. tit. 21 § 1021.
Under another statute, any person who obtains or causes a minor to participate in child pornography, or who knowingly possesses it, obtains, manufactures, or causes it to be sold or distributed, may be convicted of a felony punishable by as many as 20 years in prison. And there could be a fine of as much as $25,000. Okla. Stat. tit. 21 § 1021.2.
Oklahoma law also forbids obtaining, buying or possessing child pornography. Okla. Stat. tit. 21 §§ 1024.1- 1024.4. Being caught with even one image of child pornography can subject you to as many as 20 years in prison in addition to fines as much as $25,000.
And these sentences are not eligible for deferment. If sentenced, prison or jail time is mandatory.
Is It Pornography? Other Possible Defenses
All courts wrestle with the dividing line between pornography and art. The line can seem somewhat subjective, especially when the subject matter in the images are adults, perhaps less subjective when children are involved.
In Oklahoma, child pornography is defined as any kind of visual depiction of a child under 18 years of age who is engaged in sex, sodomy, sadomasochism, and the like. Explicit pictures of uncovered genitals, buttocks or breasts of a minor, and all depictions of a child for the purpose of sexual stimulation of the viewer are strictly forbidden. Okla. Stat. tit. 21 § 1024.1.
Where is the law drawn in art or movies? Depending on the circumstances of your case, this could be an area both open to and a possible area of defense. It is considered obscene or pornographic under three tests:
- if a reasonable person would find it offensive,
- if the average person would see the material as appealing to a person’s prurient sexual interests, and
- if the material lacks any real serious social or artistic or educational purpose. Okla. Stat. tit. 21 § 1024.1.
Oklahoma is clear that only knowing possession will be prosecuted. This can be an area of defense to discuss with your attorney. Under Oklahoma law, the prosecution must prove that the defendant knew the nature and character of the contents of the property alleged to be pornographic. OUJI-CR 4-135C. This can be a tricky area of proof for the prosecution.
Get the help you need. Expert help is a phone call away. Your attorney can help you understand what options may be open to you and will help you construct your best defense.
Free Consultation: Muskogee Defense Attorney
The capable, experienced Muskogee criminal defense attorneys at the Wirth Law Office will carefully explain the process and alternatives you face, and are willing and able to explore all possible defenses and fight all out for you. Get the help you need.
Call an experienced Muskogee criminal offense attorney today at (918) 913-0725, or toll-free at 1 (888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a brief question or message.