Child Pornography Attorney

As a subset of the court martial defense practice, the Colorado attorneys at Elkus, Sisson & Rosenstein represent service members accused of crimes involving child pornography.  The military takes child pornography very seriously and those convicted of such crimes are often dealt with harshly.  This area of the law can be difficult to work in due to the complexity of laws and technical issues that arise.  Therefore, it is imperative that you seek the advice of an attorney experienced in handling child pornography cases in order to obtain the best possible result.

Child pornography violations entail creating, possessing and/or sharing videos or images of minors involved in sexual acts.  This was always a serious crime.  But, in recent years, the military has instituted changes to the laws that enable prosecutors to obtain a conviction much easier while increasing punishments.  At the end of 2011, an Executive Order was signed by the President which made a number of changes to the Uniform Code of Military Justice (UCMJ).  Although Federal law had been used in the past to prosecute these types of cases, the Executive Order added provisions to the UCMJ specifically addressing child pornography.  One effect of the new provisions was to remove the requirement that the individual depicted actually be a minor in order for the images to be considered child pornography.   Now, it is only required that the one accused be aware that the images appear to be minors.  The removal of this requirement makes it much easier for prosecutors to obtain a conviction as they do not have to meet the higher standard.  The provisions also largely increased the sentences for these offenses and added penalties, other than confinement, such as discharge and forfeiture of pay and allowances.  Therefore, service members are facing more convictions and much harsher punishments, making being involved in a child pornography crime a very serious matter.

Although it is not required that the prosecution show that the person in the images is actually a minor in order to solidify a conviction at court martial, they will do their best to prove this anyway.  This type of evidence requires the use of experts in the field.  The military attorneys at Elkus, Sisson & Rosenstein work with a highly skilled team of experts in order to refute the evidence presented by the prosecution and present evidence of our own.  Also, animation has become much more realistic over past decades.  It has come to the point where one may not be able to tell the difference between animation and actual people.  Whether the images are in fact animated also requires the use of experts and can make a great difference in a child pornography court martial.  While the law is unclear in this area, if the images are animated, our attorneys will use this fact to our client’s advantage.  

Child pornography cases require knowledgeable and committed court martial defense attorneys, as the prosecution is going to use everything it can to make their case and obtain a conviction.  Therefore, you need an attorney that will do everything in his power to fight for an acquittal or reduced penalties.  The attorneys at Elkus, Sisson & Rosenstein represent military members of all ranks in all branches and will travel anywhere in the country or the world to defend you.  Contact our Denver and Colorado Springs attorneys by calling (303) 567-7981 for a free consultation today. 

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