Damico & Stockstill, Attorneys at Law

Baton Rouge man faces child pornography charges

On Thursday, a 60-year-oldBaton Rouge man was arrested and charged with 100 counts of pornography involving juveniles. Sources didn't provide any other details about the alleged criminal activity, but did point out that Attorney General Buddy Caldwell, who is in charge of the case, has earned a reputation for being tough on monitoring, arresting, and prosecuting child predators online.

With child pornography charges, prosecution needs to prove that the defendant knowingly and purposefully possessed, received or distributed child pornography. Proving such charges usually beings with proving that the images involved in the case constitute child pornography and that the person being charged is responsible for the images. Nowadays, this often involves looking at computer evidence, which requires forensic examination.

A forensic expert attempts to determine how the images got onto the computer in question and who was responsible for putting them on it. This involves a number of types of evidence, including whether the suspect was at the computer at the time the images were downloaded, how he or she was using the computer at the time, and the time gap between download images. This latter point can often determine whether it was a virus or a person downloading the images.

Those accused of child pornography already suffer the stigma associate with the crime. If convicted, they will carry it for much longer. It is important to remember that in every child pornography case, the government bears the burden of proving the charges.

A good defense attorney will highlight any exculpatory evidence stemming from an investigation. When necessary, a defense attorney will also challenge the validity of the search warrant used to obtain the images. When it cannot be denied that criminal activity has occurred, a defense attorney will work to minimize the charges.

Source: The Advocate, "BR man booked on child pornography," May 10, 2012

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