Marietta Child Pornography Lawyer

Marietta Child Pornography Attorney

Child pornography is a serious and heinous crime both by federal standards and Georgia law. For this reason, prosecutors typically handle child pornography cases in Georgia aggressively. That said, if you’re facing charges for child pornography in Marietta, it can be highly beneficial to work with a Marietta child pornography lawyer.

Child pornography offenders can be prosecuted under both state law and federal law, which is why it’s important to have solid legal representation that understands the law and can build a strong defense that can secure you a positive court outcome. At The Law Office of Lawrence J. Zimmerman, we have experience representing clients in unique situations, and we’re confident we can build a defense that helps you get a fair trial.

Moreover, we offer professional legal counsel to guide your decisions, protect your rights, and help you understand child pornography laws in Cobb County.

How Is Child Pornography Defined in Georgia?

Child pornography is a form of child sexual exploitation that refers to visual depictions of sexually explicit content. These depictions can be any type of image or media that depicts sexual activity involving a person under 18 years old, including photographs and videos. In Georgia—and at the federal level—it is illegal to possess or distribute child pornography.

Georgia, much like the rest of the United States, has strict child pornography laws to protect vulnerable children.

Acts and images that are classified as obscene in relation to child pornography include:

• Bestiality
• Excretion of bodily fluids for sexual gratification
• Flagellation, torture, or violence during a sexual act
• Lewd exhibition of genitals
• Masturbation
• Sexual intercourse

The Crimes Against Children (CAC) unit of Cobb County’s Special Investigations and Response Division works alongside law enforcement to investigate certain crimes involving children. It’s made up of a group of detectives that help with a variety of cases, including any sexual offenses and internet child exploitation. Other entities that handle child pornography crimes in Georgia include the Georgia Bureau of Investigation and any local law enforcement.

Potential Penalties for Child Pornography in Marietta

As of 2023, Georgia ranked 37th overall in the nation for child well-being. To combat ongoing issues of child abuse in the state, prosecutors and courts impose strict penalties on any related crimes in Marietta, GA, including those involving child pornography.

Georgia Code O.C.G.A. 16-12-100.2 focuses specifically on computer or electronic porn and child exploitation. It states that a conviction for electronic child pornography can include lengthy prison time and hefty fines. Additionally, offenders can expect to have a permanent criminal record and to be registered as a sex offender. It’s possible to face even harsher penalties if the child porn content was violent or if the offender had a prior offense.

Under federal law, first-time offenders convicted of producing child pornography can face anywhere from 15 to 30 years in prison and applicable fines. Additionally, first-time offenders for transporting child porn can face between five and 20 years and have to pay any related fines.

There’s also a mandatory reporting requirement for anyone with reasonable knowledge that child porn exists. Failure to report a child pornography offense can result in a misdemeanor.

Benefits of Working With a Marietta Child Pornography Lawyer

A child pornography conviction carries lasting consequences that can drastically alter your life. By working with a knowledgeable Marietta child pornography lawyer, you can have peace of mind knowing you have someone on your side who understands the state and federal laws surrounding your charges so you can protect your rights.

You may be aware that you’re being investigated for child pornography allegations before you’re officially charged in Marietta. It’s wise to seek legal counsel prior to your charge so your attorney can start gathering evidence and building a case in your defense.

FAQs

Q: Is It Illegal for a Minor to See Obscene Content in Georgia?

A: It is not illegal for a minor to see obscene content on their own, but it is illegal for an adult to show them. Under federal law, it’s illegal to distribute obscene content to minors who are under 16 years old. Moreover, it’s illegal to mislead minors into viewing harmful material by using an ambiguous website domain or misleading descriptions.

Q: Can I Get in Trouble for Searching for Obscene Things on the Internet?

A: While searching the internet is not a crime, certain words and phrases are monitored, and searching them can land you on a government watchlist. This means that searches that raise suspicions can lead to an investigation and, ultimately, criminal charges. Even on a private browser, your internet activity is tracked to some degree, so it’s important to understand safe online search habits.

Q: What Are the Three Tests for Obscenity?

A: The Miller Test, named after the U.S. Supreme Court case Miller v. California, is a three-part obscenity test. The three guidelines for determining obscenity are (1) if an average person would find the work has or encourages an excessive interest in sexual matters, (2) if the work depicts or describes sexual conduct in an offensive way, and (3) if the work lacks artistic, literary, political, or scientific value.

Q: What Is the Federal Child Pornography Law?

A: Violations of federal child pornography law come with severe statutory penalties, even for first-time offenders. For example, producing child porn can result in 15 to 30 years in prison, and transporting child porn can result in five to 20 years. Convicted offenders can face harsher penalties depending on the specifics of the case.

Get in Touch With a Marietta Child Pornography Lawyer Today

The Law Office of Lawrence J. Zimmerman has been involved in and won high-profile cases, including an acquittal for a man falsely accused of child molestation in the Douglas County Superior Court and a reversal of a contempt action in the Georgia Court of Appeals.

Lawrence Zimmerman is the former president of the Georgia Association of Criminal Defense Lawyers (GACDL), where he helped address problems with the state’s criminal legal system.

Our team has extensive experience interacting with Georgia law on multiple levels, making us a valuable criminal defense lawyer to have on your side when it comes to navigating the complex world of criminal law. Connect with us to set up a consultation with a professional Marietta child pornography lawyer today.