What Are the Penalties for Possession of Child Pornography?
Any crime involving a child in Indiana can result in severe penalties upon a criminal conviction. Possession of child pornography is no exception. This crime is a felony in Indiana, but it can be charged as different types of felonies, so not all convictions of child pornography will result in the exact same consequences. Some of the penalties you might face if charged with possession of child pornography include the following:
Prison Time
Possession of child pornography is classified as a Level 4 to 6 felony in Indiana, depending on the circumstances involved. These crimes are subject to the following terms of incarceration:
- Level 4 felony: Two to twelve years; advisory sentence of six years
- Level 5 felony: Two to eight years; advisory sentence of four years
- Level 6 felony: Six months to three years; advisory sentence of one and a half years
Those who are charged with child pornography may also be charged with child exploitation, which is a Level 5 felony.
According to the United States Sentencing Commission, 99.1% of child pornography offenders were sentenced to prison, and their average sentence was 104 months, which is roughly eight years and four months.
Fines
Felony convictions in Indiana can result in fines of up to $10,000.Â
Sex Offender Registration
Under Indiana’s sex offender laws, individuals convicted of certain sex crimes must register as sex offenders for ten year or their lifetime, depending on the conviction and circumstances. Registration requires you to report specific information about yourself to law enforcement and provide periodic updates. If you fail to comply with the terms of the sex offender registration requirements, you can face additional criminal charges and penalties.
Factors That Affect Potential Penalties
The potential penalties that you may face if you are convicted of possession of child pornography will depend on various factors specific to your case, such as:
- The age of the child in the images or production
- Whether the child has a mental disability
- Whether the child was physically harmed
- The number of images found in your possession
An experienced criminal defense attorney can help lodge an effective defense to try to protect you from the harshest penalties.
Collateral Consequences
In addition to the direct criminal consequences mentioned above, you may face additional collateral consequences if you are convicted of possession of child pornography, such as:
- Job loss
- Damage to your reputation
- Loss of child custody
- Inability to secure housing or employmentÂ
Few crimes carry the same social stigma as child pornography charges. When your freedom and reputation are on the line, you need skilled legal advocacy.
Contact The Criminal Defense Team for Legal Assistance and Representation
If you are facing child pornography charges, you need a skilled and aggressive defense. The board-certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC can investigate your case, challenge constitutional violations, and negotiate a favorable plea bargain on your behalf. Call us at (317) 687-8326 for your confidential consultation.