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Child Pornography

A charge for child pornography can be disastrous for a person in the court of public opinion. The criminal court, however, is a different beast, and you are innocent until proven guilty. McCarthy & Hamrock, P.C. will aggressively fight your child pornography charge with the knowledge that comes from more than four decades of criminal defense experience.

Computers can be accessed by multiple people, hacked or attacked by a virus that may contain files and content not put there by you. We will diligently question and probe the assumptions made by the state, advocating for you until the case is resolved.

Des Moines Child Pornography Defense Attorney

As soon as you believe you are the subject of a criminal investigation for child pornography, you should contact a Des Moines child pornography defense attorney at McCarthy & Hamrock, P.C.. Law enforcement officers are skilled at prying information from you, whether through lies, half-truths or intimidation. With McCarthy & Hamrock, P.C., you will be secure in your rights and have a tighter defense in court.

As every case is different, it is best to call (515) 279-9700 for a free consultation to better understand your options. McCarthy & Hamrock, P.C. handles cases at the federal and state level across Des Moines, West Des Moines, Urbandale, Johnston, Ankeny and nearby communities.


Information About Child Pornography Charges in Iowa


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Child Pornography in Iowa Court

Child pornography can be prosecuted in state and federal court. At the state level, child pornography is both illegal to produce or possess. It is against the law to knowingly possess, purchase, or promote child pornography.

The definition of child pornography in Iowa is a negative, slide, book, magazine, computer, computer disk or other print or visual medium. It also could be an electronic, magnetic or optical storage system, or any other type of storage system which depicts a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.


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Sexual Exploitation of a Minor

Iowa Code 728.12 outlaws the exploitation of a minor for the purposes of capturing them engaged in a prohibited sexual act or simulating a prohibited sexual act. Any person involved in the exploitation may be subject to criminal prosecution as the law includes those who employ, use, persuade, induce, entice, coerce, solicit, knowingly permit or otherwise cause or attempt to cause a minor to create a pornographic image.


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Penalties for Child Pornography and Sexual Exploitation of a Minor in Iowa

The penalty for a first-offense of possession or purchase of child pornography is an aggravated misdemeanor. An aggravated misdemeanor may be punished by up to two years in prison and a fine from $625 to $6,250.

The defendant will be categorized as a Tier I sex offender and required to register annually with the state of Iowa for a period of 15 years.

With any prior convictions for child pornography, whether in Iowa or another state, the punishment is enhanced to a Class D felony. In addition to the serious consequences of a felony conviction, the defendant may be imprisoned up to five years and pay a fine between $750 and $7,500.

Promotion of child pornography is also a Class D felony. A fine of up to $25,000 may be applied for each count of promotion of child pornography.

An individual convicted of exploiting a minor in order to produce child pornography will be charged with a Class C felony and a fine no more than $50,000 for each count of exploitation. The Class C felony charge is incredibly serious and exposes the defendant to a maximum 10-year prison term.


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Defenses to Iowa Charges of Child Pornography

Iowa law stipulates that law enforcement officers, court personnel, licensed physicians, licensed psychologists or attorneys in the performance of their official duties are not to be found guilty of possession of child pornography or child sexual exploitation.

The prosecution must show the defendant knowingly possessed, purchased or promoted the child pornography. If the computer or other device on which sexually explicit material was found could be accessed by a number of people or victim to hackers, an important element of reasonable doubt is introduced.

Child pornography must show a minor and that minor must be involved in a sexual act or simulated sexual act. A photo can be misinterpreted on first glance and later shown not to have any depiction of a sexual act. Also, the prosecution cannot assume the age of the individual is under 18, but must be able to prove the person pictured is, in fact, a minor.


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Finding the Best Child Pornography Defense Lawyer in Polk County

No matter the circumstances, it is important you consult with a Polk County criminal defense attorney at McCarthy & Hamrock, P.C. about your child pornography case. You may be sure of your innocence, but beating the charge in court is another question.

Call (515) 279-9700 to discuss the details of your case with attorney Tim McCarthy or Aaron Hamrock. We have successfully represented clients across Polk County, Dallas County, Warren County, Madison County and Guthrie County and will use our many years of experience to fight on your behalf.

Tell Us About Your Case

How would you like to be contacted?

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* All fields are required.

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" Aaron, words cannot begin to tell you how appreciative I am of you/your firm, for all you did in my legal matter these past few months. Today was a great day. I think you for your professionalism/tenacity in getting my case suppressed/dismissed! Thank You Very Much. "

-M.H.

" I want to again thank you both for the deft, calm and professional manner in which you handled my case. Legal competence is often lacking these days, but you folks are truly skilled in representing a client, at least in my book. You made a potentially horrible situation bearable. I would highly recommend you to anyone, should that situation present itself. "

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