Whenever an arrest is made in a child pornography case, the incident will become very high-profile. The publicity could make it extremely difficult for an individual to present a strong defense against the accusations. These matters often present some of the most challenging issues in the criminal defense arena.
Various state and federal law enforcement agencies play a crucial role investigating these crimes. Once an individual has been arrested, he or she needs to understand the serious of the charges. Building an aggressive defense will often focus on what types of activities the police engaged in when investigating the matter.
And while many of these cases may seem to be open and shut, there is a recent example from another state that highlights some of those accused might not be guilty of the crimes. In this case, a man was found to have images of his own children on his phone. The kids were naked in many photos, but the man claimed that these were just examples of ordinary activities, and not sexual in nature.
This leads many to wonder where police draw the line. Many parents have taken photos of their children in the bathtub, or maybe while on a beach vacation. Should a non-family member find these photos, they may think that the child is at risk.
Generally, law enforcement will look at the context of the photographs or videos and decide how to proceed. They may investigate the family to see if others knew about the images, or see if the photos have been shared online in a harmful way.
While this case may seem unique, with more and more parents taking photos of their kids using smartphones, they may begin to rise. It will be important to know what to do if accused of one of these crimes.
Source: AZCentral.com “Coach’s child-porn case tests investigators” August 27, 2012.