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Child pornography can be defined as any depiction of sexually explicit acts involving a child, whether through images or film. It is illegal to produce, posses, and/or distribute child pornography in any form, and is punished severely under the law.
Child pornography is often viewed and distributed among pedophiles, who become sexually aroused by the depictions of children engaging in sexual acts.
The child victims are often brutalized in the production of child pornography, and this offense is often an extension of child prostitution and/or human trafficking practices.
The Mayo Clinic, a non-profit medical research-based organization in the United States, reported that around 76% of individuals who were arrested for the possession of pornography had molested a child at some point and that 30%-80% of individuals who view child pornography on the internet had also acted out on their impulses at one point.
Under the law, child pornography is sometimes hard to define and/or classify and prosecute as a sex crime.
Classifications of such have been roughly outlined in scales of increasing severity of inappropriate nature, including:
If found guilty of possessing and/or viewing child pornography, an individual will be required to register in the sex offender database-meaning that they will have to continually update their information when they choose to move, maintain employment, or attend school in another jurisdiction.
This information will be viewable by the public, including what charges a person was convicted of. Also, a person may be subject to federal and/or state charges.
According to Maine Code §284, being in possession of any sexually explicit material that involves a minor less than 16 years of age would result in a class D crime in the state of Maine. A class D offense is punishable by up to 1 year in jail and a $2,000 fine.
If in possession of child pornography where the minor is less than 12 years old, an individual would be charged with a class C crime-resulting in up to 5 years in jail and a $5,000 fine.
If an offender has had one or more prior convictions, the severity of the crime, and the resulting penalties, will be increased, as well.
As mentioned, child pornography in the State of Maine is a relatively expansive concept, and includes a range of behaviors and actions. The following behaviors are presently recognized as being included within the definition of child pornography:
When looking at how these crimes are assessed – meaning, how they classified in terms of severity – the key question is precisely which type of crime occurred, and the precise facts involved in the crime itself. The reason is because certain crimes are treated more harshly than others.
The crime of production of child pornography (also called sexual exploitation of a minor) is a Class B crime, unless the perpetrator has previous convictions, or the minor is less than 12 years of age; if either of these two latter scenarios apply, then the crime is a Class A crime.
Distribution of child pornography is considered a Class C crime, unless there are exacerbating circumstances. If any of the material distributed includes minors under the age of 12, then the offense is assessed as a Class A crime; if the offender has prior convictions, then the crime is considered a Class B crime.
By comparison, the crime of mere possession of child pornography is treated less harshly in Maine, and is considered a Class C crime. Even with prior convictions, this offense is still classified as a Class C crime. This is also the case if the material possessed includes depictions of children under the age of 12.
Furthermore, with this particular crime, the possessor can raise a defense that the depicted person is his or her spouse in the State of Maine.
The crime of distribution of child pornography (or “dissemination of sexually explicit material” involving minors, as it’s alternatively referred to) can be defined as follows under Maine law: intentionally or knowingly disseminating, or possessing with the intent to disseminate, any material which depicts a minor engaging in sexually explicit conduct. In this definition, we can see that “intent” is a key element of this crime. Under current Maine law, the element of intent will be evidenced by way of “permissible inference” whenever a person possesses 10 or more copies of material featuring child pornography.
In other words, if a person possesses 10 or more pieces of child pornography, Maine law will presume that the intent to disseminate exists. Intent can also be evidenced in other ways, but intent will always be inferred whenever this amount of material is discovered.
Yes, under current Maine law, child pornography offenses – i.e. production, possession, or distribution – are considered sex crimes, and so offenders are obligated to register as sex offenders. Offenders must register with the Maine Sex Offender Registry, which is operated by the Maine State Bureau of Identification.
Offenders register by delivering certain information to this bureau, and then maintain the accuracy of their profile by updating their information periodically. Offenders must maintain their profile, otherwise they can face harsh consequences.
During the initial registration process, the convicted sex offender is required to provide certain information to the Maine Sex Offender Registry. As mentioned, this information must be updated periodically in order to maintain accuracy. The information which must be initially provided to the registry includes the following: the offender’s name, any aliases used, date of birth, identifying traits (i.e. eye color, hair color, height, weight, race, gender, etc.), recent picture, fingerprints, future address where the offender plans to live, details on the conviction itself, details on the offender’s mental health status.
Under Title 22, Section 4011-A of the Maine Health and Welfare Code, certain individuals are required by law to report suspected instances of child abuse or neglect to the authorities. Clearly, instances involving child pornography would certainly fall into this category, and so suspected instances involving child pornography must be reported.
At this time, under current law, this mandated reporting requirement applies to most licensed caregivers, teachers, religious workers, and first responders.
In addition, there is a subsection within Section 4011-A which requires reporting whenever someone suspects that a minor child isn’t living with his or her legal guardian; this subsection is often viewed as a special provision to prevent child pornography, as many instances of child pornography occur when a minor child has been abducted.
The short answer to this question is “yes,” a defense attorney may attempt to overcome a child pornography related charge by raising this type of argument. Under the U.S. Constitution, citizens are protected from illegal searches and seizures from authority figures; violations of this constitutional protection can lead to suppression of evidence, and this suppression of evidence can potentially defeat a criminal charge.
In some ways, this is an evolving area of law, because there is some uncertainty regarding how these constitutional rights apply to digital searches of computer files. As with every possible defense, the viability of this argument ultimately depends on the exact facts involved, and so there is no way to predetermine how viable this defense may be.
Again, as with the previous question, the short answer to this question is “yes,” if an alleged offender gives evidence to police officers during an initial interrogation, this evidence may be inadmissible depending on the circumstances. If the evidence is inadmissible, then it can be formally suppressed by filing a court motion.
In most instances in which someone is charged with a child pornography related crime, the alleged perpetrator submits to an initial interrogation by the police. Our counsel is always to avoid submitting to an interrogation, but if an interrogation does occur, there is still the possibility of having any negative evidence suppressed if the interrogation procedure was defective (i.e. not voluntarily given, no Miranda rights, etc.).
Yes, the location of files is relevant in building a case against child pornography charges, which is why a skilled attorney will make pointed inquiries regarding the exact location of files. Depending on the location of the files, a greater or lesser technological defense may be built against charges. For instance, were the images thumbnails?
Did more than one individual have access to the searched computer? Where exactly were the images stored within the computer? These questions may be used to potentially build a defense to a charge.
In the State of Maine, under Maine Code §284, the crime of possession of child pornography is a Class C offense, and Class C offenses carry a maximum jail sentence of 5 years. Depending on the exact nature of the offense, and also the perpetrator’s criminal history, the offender may receive a sentence closer or farther from the maximum possible sentence.
As we can see, Maine treats child pornography related offenses in a severe manner, and this is because Maine understands the ramifications of these crimes. Statistics show that a large percentage of those who possess and view child pornographic material have acted on their pedophiliac impulses at one time or another. Furthermore, statistics also show that a huge percentage of those who’ve been arrested for possession of child pornographic material have committed other offenses, including child molestation. The criminal justice system in Maine knows what is at stake, and knows that these offenses must be punished harshly in order to deter future behavior and prevent trauma. This is precisely why people who commit these crimes are required to register as sex offenders.
Don’t hesitate to call us at (207) 571-8146 or contact us directly online if you’ve been accused or charged with child pornography. The experienced attorneys at The Maine Criminal Defense Group know how to fight for your rights.
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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