A Tulsa Sex Crimes Defense Lawyer Explains How Copying Child Porn Images or Videos Can Lead to Life in Prison
When you copy an image, do you now have two images? Most of us would say you have one original image and one copy of the image—not two separate images. However, the state of Oklahoma disagrees when you’re talking about child porn charges. Copies of images are treated as unique files in the eyes of the law, as are any copies of videos. Here, Tulsa sex crimes defense lawyer Lee Berlin explains how copies of images or videos can lead to charges for aggravated possession of child pornography—an offense that can result in life imprisonment.
Aggravated Possession of Child Pornography in Oklahoma: What the Law Says
21 OK Stat § 1040.12a reads:
A. Any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term not exceeding life imprisonment and by a fine in an amount not more than Ten Thousand Dollars ($10,000.00). The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act.
B. For purposes of this section:
1. Multiple copies of the same identical material shall each be counted as a separate item;
2. The term “material” means the same definition provided by Section 1040.75 of Title 21 of the Oklahoma Statutes and, in addition, includes all digital and computerized images and depictions; and
3. The term "child pornography" means the same definition provided by Section 1040.80 of Title 21 of the Oklahoma Statutes and, in addition, includes sexual conduct, sexual excitement, sadomasochistic abuse, and performance of material harmful to minors where a minor is present or depicted as such terms are defined in Section 1040.75 of Title 21 of the Oklahoma Statutes.
In layman’s terms, what this means is that you need either 100 unique images or videos or a combination of unique files and copied files to be facing charges for aggravated possession of child pornography. If you are found guilty, you’ll be looking at the possibility of life behind bars as well as a fine of up to $10,000.
One Example of How Copied Files Can Land You in Serious Legal Trouble
At Berlin Defense, we often see clients facing serious charges because of the principle that copied files are equivalent to original images or videos. For example, we had a recently retired male client with 800+ images on three devices. The state viewed this as 2,400+ images instead of 800+ original images and 1,600+ copies. Even though our client had never been accused of inappropriately touching or grooming a minor, the state thought he deserved to die in prison.
Another unfortunate aspect of this client’s case was that he did not find his images on the dark web. All of the pictures were downloaded after a Bing images search. When he came to us, he had no idea how copying files readily accessible to the general public had landed him in such legal hot water. Since he was able to locate them without any special technical skill, he didn't see how they could be illegal.
How a Tulsa Sex Crimes Defense Lawyer Can Help
If you are facing charges for aggravated possession of child pornography, you need to contact an experienced sex crimes defense lawyer immediately. The stakes of a sex crimes charge are too great to leave anything to chance.
Even though all lawyers need a basic level of training to pass the bar, sex crimes cases are highly complex. You do not want a general criminal defense attorney handling charges for aggravated possession of child pornography. You want a lawyer who focuses his practice on internet sex crimes and other types of sexually based offenses. You want someone who is committed to ensuring you receive the best possible outcome for your case. You want Tulsa sex crimes defense lawyer Lee Berlin.
Berlin Defense has a history of getting results even when a case seems next to impossible to win. For example, client D.B. was charged with multiple counts of distribution and possession of child pornography and obscene images. Despite an alleged confession, he received a suspended sentence due to Lee’s work uncovering critical flaws in the State’s case. He did not spend a single day in jail.
To help you understand what you’re up against when you’re facing charges for aggravated possession of child pornography, Lee has created the free guide Fighting the Guilt Machine. This informative resource explains how sex crimes are prosecuted in Oklahoma and outlines what to expect when you’re facing a sex crimes charge. It can help you avoid key mistakes that could damage your defense. Request your free copy, then contact us to schedule a consultation to discuss your next steps.
Charged With Aggravated Possession Of Child Pornography?
Contact us today to review your case and discuss your options.