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Charged With Child Pornography in Raleigh?

These charges carry some of the harshest penalties under North Carolina and federal law. Schedule a confidential consultation with an experienced Raleigh defense attorney to discuss your options.

  • Work directly with a Raleigh criminal defense lawyer
  • Defense for possession, distribution, and related charges
  • Protecting clients in Raleigh and throughout Wake County

Take the first step. Click below to schedule your consultation today.

Child pornography investigations are often technical, far-reaching, and overwhelming. Digital devices are seized, online activity is scrutinized, and prosecutors push for the maximum penalties possible.

But accusations are not proof. DeMent Askew Johnson & Marshall has successfully defended clients in Raleigh facing serious sex crime allegations, bringing the knowledge and determination needed to challenge the state’s case at every turn.

If you’ve been charged with child pornography, don’t say another word to investigators. Call our office now for a confidential consultation.

Child Pornography Laws in North Carolina

Child pornography charges can be brought under both North Carolina state law and federal law, with federal prosecutors typically pursuing the most aggressive penalties.

North Carolina State Charges

Under North Carolina law (N.C.G.S. § 14-190.17 and § 14-190.17A), child pornography offenses include:

  • First-Degree Sexual Exploitation of a Minor (Class C Felony): Creating or helping create child pornography
  • Second-Degree Sexual Exploitation of a Minor (Class E Felony): Distributing, transporting, or receiving child pornography
  • Third-Degree Sexual Exploitation of a Minor (Class H Felony): Possessing child pornography

The penalties escalate dramatically based on the number of images, the ages of the children depicted, and whether there was distribution.

Federal Charges

Federal charges under 18 U.S.C. § 2252 and § 2252A are even more severe and include:

  • Possession of Child Pornography: Up to 10 years in federal prison for first offense
  • Receipt or Distribution: 5-20 years in federal prison
  • Production of Child Pornography: 15-30 years in federal prison

Federal cases typically involve mandatory minimum sentences with no possibility of parole.

The Harsh Reality of Child Pornography Convictions

The consequences of a child pornography conviction extend far beyond prison walls:

  • Sex Offender Registration: Lifetime registration as a sex offender, with your name, photo, and address publicly available online
  • Residency Restrictions: Unable to live within 1,000 feet of schools, parks, or childcare facilities
  • Employment Devastation: Most employers won’t hire registered sex offenders
  • Professional Licenses Revoked: Teachers, doctors, lawyers, and other professionals lose their licenses
  • Family Separation: Prohibited from contact with children, potentially including your own
  • Social Ostracism: Permanent stigma in your community
  • Technological Restrictions: Limited or monitored internet access
  • Immigration Consequences: Deportation for non-citizens

One conviction transforms every aspect of your life forever.

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How These Cases Are Investigated and Built

Understanding how these cases are built is critical to your defense:

Digital Evidence Collection

Investigators typically gather evidence through:

  • IP address tracking from file-sharing networks
  • Undercover operations on platforms known for illegal content
  • Digital forensic analysis of computers, phones, and storage devices
  • Cloud storage account searches
  • Email and messaging platform records

Common Prosecution Tactics

Prosecutors leverage several powerful advantages:

  • The emotional nature of these cases, which can influence judges and juries
  • Technical evidence that seems overwhelming to the average person
  • Pressure to accept plea deals by threatening maximum penalties
  • Using one person’s statement against another when multiple people use the same devices

Powerful Defense Strategies That Work

Not every child pornography case is what it first appears to be. At DeMent Askew Johnson & Marshall, we build comprehensive defenses that may include:

Constitutional Violations Challenges

  • Fourth Amendment violations: Challenging illegal searches of your home, computer, or electronic devices
  • Miranda rights violations: Statements made without proper warnings
  • Warrant defects: Search warrants that were improperly obtained or executed

Technical Defense Strategies

  • Lack of knowledge or possession: You didn’t know the images existed on your device
  • Unauthorized access: Someone else used your computer, network, or accounts
  • Malware explanation: Viruses or malware downloaded content without your knowledge
  • File sharing artifacts: Images in cache or temporary folders you never actually viewed
  • Metadata analysis: Proving files were never opened or were automatically downloaded

Case-Specific Defenses

  • Age disputes: Challenging whether the prosecution can prove the ages of persons in images
  • Image classification challenges: Disputing whether images meet the legal definition of child pornography
  • Chain of custody issues: Questioning who had access to evidence and how it was handled
  • Forensic expert testimony: Using our own digital forensics experts to challenge prosecution evidence
Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

What to Do Right Now If You’re Under Investigation

If you’re under investigation or have been charged with child pornography offenses:

  • Do not speak to investigators without an attorney – Even denying knowledge can be used against you
  • Do not consent to searches – Politely but firmly state: “I do not consent to any searches”
  • Do not destroy evidence – This creates additional obstruction charges
  • Do not discuss your case with anyone except your attorney
  • Contact our experienced defense team immediately – Time is critical in these cases

Every word you say to investigators and every action you take from this moment forward will impact your case. The decisions you make in the next 24-48 hours may determine whether you keep your freedom or lose everything.

Your Future Depends on What You Do Right Now

At DeMent Askew Johnson & Marshall, we’ve successfully defended clients against the most serious child pornography charges. We understand the technical, legal, and emotional complexities of these cases. Our attorneys have:

  • Secured dismissals based on constitutional violations
  • Won suppression of key evidence through aggressive pretrial motions
  • Negotiated charges down to lesser offenses
  • Successfully challenged digital evidence through expert testimony
  • Protected clients from the most severe consequences

We provide discreet, judgment-free representation focused on one goal: protecting your future and freedom.

Don’t face these devastating charges alone. Call DeMent Askew Johnson & Marshall today for a confidential consultation. We’ll explain your options, begin building your defense, and fight for the best possible outcome in your case.

Your future is on the line. Make the call that could save it.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

If I accidentally viewed child pornography, can I still be charged?

Yes. While “knowing possession” is required under the law, prosecutors often argue that any download, even temporary internet cache files, constitutes possession. Intent can be inferred from browsing history and other digital evidence. This is why expert forensic analysis and experienced legal representation are crucial.

 

 

 

Will I automatically go to prison if convicted?

For federal charges, most child pornography convictions carry mandatory minimum sentences. For state charges in North Carolina, prison sentences are likely but not guaranteed. Sentencing depends on the specific charges, your criminal history, the number of images, and other aggravating or mitigating factors.

 

How can I prove I didn't know the illegal content was on my computer?

This requires sophisticated digital forensic analysis to examine exactly how and when files were created, accessed, and stored on your device. Our attorneys work with top computer forensic experts who can determine whether files were deliberately downloaded, accidentally cached, or placed there by malware or another user.

If multiple people used my computer, can I still be charged?

Yes. Prosecutors typically pursue charges against the registered owner of the device or internet service. However, proving others had access to your devices can be a powerful defense strategy. We investigate all device users and establish timelines of access and usage.

Can law enforcement search my computer without my knowledge?

In some cases, yes. Law enforcement may conduct remote searches with proper warrants, or they may monitor file-sharing networks. However, these investigative techniques must comply with constitutional requirements, which our attorneys thoroughly examine for potential violations.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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