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Child Pornography Charges & Exploitation

Child pornography charges present challenging legal questions. Often, child pornography charges involve both state and federal laws and are backed up by digital evidence. Many times, charges are brought against a defendant in both courts, requiring an accused person to rally a defense on two fronts. If you have been accused of this kind of crime, or are under investigation, you need an experienced criminal defense lawyer representing your rights.

A child pornography charge is never minor; convictions generally result in jail time and a listing on the sex offender list for life. While most defendants have the opportunity to pay for their crimes against society, registration on the sex offender list has lifelong implications, like prohibitions on where you live and how you interact.

Types of Child Pornography Charges

Child pornography and exploitation charges involve producing, transporting, sharing, receiving, or possessing visual material that sexually exploits a minor. Charges may vary, depending on the jurisdiction, but frequently charged offenses include:

  • Sexual Exploitation of a minor
  • Possession, distribution, and receipt of child pornography
  • Certain activities relating to material constituting or containing child pornography
  • Production of sexually explicit depictions of a minor for importation into the United States

The only thing worse than being accused of crimes relating to child pornography and exploitation is being convicted of them.  Both will alter your community standing, your reputation, and your relationships. We are prepared to defend your rights and help to save your future.

Sexting-related Child Pornography Charges

Children are confronted with challenges in the digital age that were simply not possible before mobile technology. With more and more young people having unfettered access to these technologies, the incident of people charged with sexting-related crimes like possession of child pornography is increasing. Even if the minor at issue creates media intended to be shared privately, possessing that media can be considered possession of child pornography.  That's when things become even more complicated. Charges stemming from possession do not necessarily require exploitation to be life altering and damaging.

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Rusty Dement

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

Because of this, the number of defendants who are minors charged with child pornography crimes is rising. When a minor creates and sends pictures or videos of themselves, under North Carolina's strict criminal laws, this qualifies as creating child pornography. Even if such images are sent to another minor, the recipient could be charged with possession of child pornography. If the image is forwarded from there, a charge of disseminating child pornography can result. Despite the fact that children do not consider or foresee the potential consequences of these actions, the actions could still result in a criminal conviction branding them as a child predator for the rest of their life.  This is so prevalent that the National Crime Prevention Council has created a one-page flyer to help parents keep there kids safe. It can be found here: http://www.ncpc.org/resources/files/pdf/internet-safety/NCPC-FactSheet2.pdf

If you or someone you love is facing child pornography charges, contact us today for a free consultation.

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CRIMINAL DEFENSE SUCCESS

Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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DOMESTIC VIOLENCE

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PROPERTY CRIME

Property Crime, Theft, Larceny & Embezzlement, Burglary and Breaking & Entering, Common Law Robbery

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SEX CRIMES

Sex Offenses, Statutory Sex Offense, Rape, Statutory Rape, and Date Rape, Child Pornography

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OTHER SERVICES

DMV Hearings, Student Discipline, Honor Court, Underage Alcohol Offenses, Expungement of Criminal Record