Indianapolis Child Pornography Lawyer

If you are accused of possessing child pornography, do not speak to law enforcement or attempt to explain your side of the story without legal counsel. Police are trained to extract admissions, and anything you say can be twisted to support their case. Your first step should be to exercise your right to remain silent and immediately contact a specialized Indianapolis child pornography lawyer who can intervene and protect your rights from the start.

Prosecutors must prove beyond a reasonable doubt that you knowingly or intentionally possessed, viewed, or distributed material depicting a minor engaged in sexual conduct. In Indiana, this often involves digital forensics to show that files were not just present on a device, but were accessed, downloaded, or shared intentionally by the accused, rather than being cached automatically or placed there by someone else.

Yes, search history is frequently used as evidence to establish “intent” or “knowledge,” which are key elements of the crime. Prosecutors may use search terms related to minors or specific illegal categories to argue that the presence of illegal images was not accidental. However, a skilled defense attorney can challenge the context of these searches or argue they do not prove the actual possession of illegal material.

You have the constitutional right to remain silent and the right to refuse a search of your home or devices unless the police present a valid search warrant signed by a judge. Even if police have a warrant, you are not required to answer questions during the search or provide passwords unless explicitly ordered by a court. Politely assert these rights and demand to speak with your attorney immediately.

Digital evidence is not infallible; files can be corrupted, planted, or misdated. A defense lawyer will often employ independent forensic experts to analyze the device’s metadata, file allocation tables, and access logs. They look for evidence of hacking, malware that auto-downloads content, or proof that the files were merely cached by a web browser without the user’s knowledge or intent to save them.

Under Indiana Code, illegal child pornography includes any visual depiction (photo, video, or digital image) of a child under 18 years of age engaged in sexual conduct. This definition covers not just the production of such material, but also the possession, viewing with intent to possess, and distribution of these images. The law is strict, and even possessing a single image can lead to felony charges.

While both are serious felonies, distribution (often charged as Child Exploitation) generally carries harsher penalties than simple possession. Possession involves having the files on your device or control, whereas distribution involves sending, sharing, or making the material available to others, including via peer-to-peer networks. In Indiana, distribution can elevate the charge to a higher-level felony with significantly longer prison sentences.

Common defenses include lack of knowledge (you didn’t know the files were there), lack of intent (the files were pop-ups or spam), and identity issues (someone else used your computer or Wi-Fi). Another powerful defense involves challenging the legality of the search and seizure; if the police violated your Fourth Amendment rights to obtain the evidence, that evidence may be suppressed and the case dismissed.

In Indiana, simple possession of child pornography is typically a Level 6 Felony, carrying a potential sentence of 6 months to 2.5 years. However, this can be enhanced to a Level 5 Felony if there are aggravating factors, such as the child being under 12 years old or a prior conviction. Child Exploitation (distribution or production) starts as a Level 5 Felony but can rise to Level 4 or Level 3 depending on the circumstances.

If multiple people had access to the computer, tablet, or network where the images were found, it becomes difficult for prosecutors to prove you were the specific individual responsible. A defense lawyer will argue that the state cannot prove “exclusive possession” or “control.” They may use timeline analysis to show you were at work or away during the times the files were downloaded or accessed.

Mere presence of an image does not automatically equal a crime; the state must prove you “knowingly or intentionally” possessed it. If you received an unsolicited email or stumbled upon a pop-up and immediately deleted it or reported it, a lawyer can use these actions to demonstrate a lack of criminal intent. A defense strategy often focuses on your reaction to discovering the material.

Challenging a search warrant involves filing a “motion to suppress” evidence. Your lawyer reviews the affidavit police submitted to the judge to ensure it established “probable cause” based on facts, not just suspicion. If the warrant was overly broad, based on stale information, or obtained through deception, the search may be ruled unconstitutional, and any evidence found can be thrown out of court.

Police often use peer-to-peer networks or undercover online personas to catch offenders. However, if law enforcement induced you to commit a crime you otherwise wouldn’t have committed, your lawyer might argue “entrapment.” Additionally, defense attorneys scrutinize these operations to ensure police didn’t illegally hack your system or violate jurisdiction laws during their investigation.

Yes, a conviction for child pornography possession or exploitation in Indiana requires registration on the Sex Offender Registry. Depending on the severity of the charge and specific case facts, this registration can be for 10 years or for your lifetime. This registry is public and restricts where you can live and work, making a vigorous defense essential to avoiding these long-term collateral consequences.

Child pornography cases involve complex technical evidence and aggressive prosecution. The attorneys at Gemma & Karimi understand the tactics the state uses to secure convictions. Their experience allows them to identify weaknesses in the forensic evidence, challenge procedural errors, and negotiate effectively, offering you the best chance to protect your freedom and reputation.