Child Pornography and Computer Crimes in Delaware

When you think of the various ways someone can use technology to engage in criminal activity, identity theft, online fraud, phishing, and hacking all come to mind. However, there are extremely harsh laws on child pornography in Delaware, also crimes in which the computer is commonly used. These statutes have been in existence since long before the days of the internet, but they stand the tests of time. The laws prohibit acts involving child porn in any form, even digital.

There are three computer crimes based upon child pornography, and they are always charged as a felony. Plus, a person convicted of these offenses will have to follow all requirements for sex offender registration in Delaware. The consequences are harsh, so it is critical to work with a Wilmington computer crimes defense attorney who will fight for the best possible outcome. Some information on these three offenses is also useful.

Possession of Child Pornography: It is illegal to have within your possession and control:

• A visual depiction of a child engaging in a sexual act; and,
• A picture that was created, adapted, or edited to make it appear that a child is engaging in a sexual act.

Any image stored on your laptop, cloud, hard drives, phone, or other devices may constitute a visual depiction of child porn that could lead to an arrest. This offense is a Class F Felony, so a judge could order up to three years in prison for a conviction.

 Dealing in Child Pornography: This offense involves exchanges of child porn by computer, and it is a crime even when there is no money involved. There are five specific offenses that relate to dealing:

1. Shipping, transporting, or transmitting child pornography;
2. Receiving child pornography for purposes of selling;
3. Distributing child pornography via motion picture or video;
4. Compiling, reproducing, accessing, or printing images; and,
5. Advertising or promoting child porn.

All of these offenses include use of a computer in committing the unlawful act. Dealing in Child Pornography is a Class B Felony, with a mandatory minimum of two years in prison. However, the court may order the maximum of 25 years in prison.

Sexual Exploitation of a Child: This crime involves filming, producing, or financing child porn in the form of motion picture, video, or print. It extends to individuals who create internet sites or web pages that contain visual depictions of children in sexual situations. Plus, this statute also prohibits promoting, financing, or making arrangements for live performances. Sexual Exploitation of a Child is also a Class B Felony.

A Delaware Computer Crimes Defense Lawyer Will Protect Your Rights

If you are facing child pornography charges related to computer usage, you will need solid legal representation to defend the allegations. The penalties are harsh, and the collateral consequences will impact your future. To learn how our team can help with your defense, please contact Attorney Michael W. Modica to set up a consultation. You can call our offices in Wilmington, DE at 302.600.1262 or check us out online.

Source:

delcode.delaware.gov/title11/c005/sc05/index.html#1111