The timely resolution of a charge of Internet crime calls for an attorney with exemplary legal skills and experience in negotiating effective solutions. To find out how our firm can help, contact us to schedule a consultation and case evaluation with an Internet crime attorney.
Internet Crime Defense Lawyer in Worcester, Massachusetts
With laws and prosecution of Internet and other computer crimes constantly evolving, it can be critical to turn to a proven trial attorney such as Daniel W. Cronin for counsel if you have been charged or come under investigation. Mr. Cronin is a longstanding, widely respected defender of Massachusetts residents' rights and futures — and a balanced, determined resource if you are dealing with allegations of possessing child pornography, identify theft, illegal downloading, or a white collar business or financial crime. The Cronin Law Firm offers a free initial consultation to begin assessing your case and understanding your overall circumstances.
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Attorney Daniel W. Cronin is well known for his defense work in Massachusetts state and federal courts, and he also benefits from prior valuable experience as a prosecutor. The versatile criminal defense firm he leads is a solid resource for people the Worcester-Middlesex County and MetroWest area.
Internet and other computer crimes are often investigated by federal authorities and prosecuted in U.S. District Court. At the federal level, law enforcement agencies and prosecutors have almost unlimited resources, and sentencing requirements and guidelines are stiff. Daniel W. Cronin of Worcester is sensitive to our clients' needs and goals, and determined to work toward positive outcomes by applying his knowledge of computer-based evidence and "cyber law," Massachusetts search and seizure, and other legal areas that may be essential to building the best possible defense for you.
Child Pornography
The Internet has become a common means for the distribution of child pornography. Child pornography is illegal virtually everywhere in the world, and numerous law enforcement agencies have made it a priority. This means that cases are investigated and prosecuted aggressively. If you are facing charges related to possession, distribution or production of child pornography, contact an attorney from Cronin Law Firm in Worcester, Massachusetts, who can advise you of your rights and options.
The Definition of Child Pornography
US federal law defines child pornography as "any visual depiction" that "involves the use of a minor engaging in sexually explicit conduct." A minor is anyone under the age of 18 (even if the state's age of consent for sexual activity is lower). Sexually explicit conduct includes "graphic or simulated lascivious exhibition of the genitals or pubic area of any person." A visual depiction is what it sounds like — film, video or a photograph — but it is also information that can be converted into an image, such as undeveloped film or data stored on a computer.
Laws on Child Pornography
Unlike other forms of sexually explicit material, child pornography is banned whether or not it meets the legal definition of obscenity. There is no constitutional right to possess, distribute or produce child pornography. Child pornography is simply not tolerated.
Federal law applies any time that the transmission, sale, production, distribution or possession of child pornography affects interstate or foreign commerce. This typically applies to images that are transported across state lines. It also applies when materials that have crossed state lines are used to produce child pornography.
In almost every case, federal law will apply to the situation. If a pornographic image is sent over the Internet to someone in another state, federal law will apply. If the image is sent to someone in the same state, but the Internet server is in another state, federal law will apply. In the rare case that federal law does not apply, state law will step in. Sometimes, prosecutors will file charges for violation of both state and federal law.
The prison sentences for selling, distribution, production and possession of child pornography can be quite severe. In addition, property that relates to child pornography may be seized. This may include photographic equipment and computers. Convicted defendants may be required to register as sex offenders.
Defenses to Child Pornography Charges
Defenses to charges surrounding child pornography are available, depending on the facts and the applicable law. In some cases, the defendant may not have known what the image contained or may not have voluntarily accessed it. In other cases, the image may be a virtual image — that is, not involving a real person — or an image of someone 18 years old or older.
Contact an Attorney
Child pornography is a crime that law enforcement, as well as the community at large, takes very seriously. Considerable time and resources are devoted to the investigation and prosecution of child pornography possessors and distributors. If you or someone you know is being investigated in connection with child pornography, it is important to obtain legal assistance. Speak with an experienced attorney from Cronin Law Firm in Worcester, Massachusetts, to learn your legal rights.
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