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When can possession and distribution of child pornography be defined as a misdemeanor ?

Madison, GA |

I've heard possession and distribution of child pornoghraphy can be considered either a felony or misdemeanor. Is this true and if so can I get an example? Like a case where distribution/possession of child pornography was lowered to a misdemeanor

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Attorney answers 5

Posted

It is never a misdemeanor and always a felony in Georgia.

Posted

Possessing or distributing child pornography is always a felony. It is subject to a punishment range from 5-20 years. What you may be referring to is when prosecutors make a deal with someone to plea to other charges to resolve the case without trial. This occurs sometimes with youthful offenders because the prosecutor does not want to make them a convicted sexual offender for the rest of their life (First Offender is not available for child porn). Therefore, they might plead them to another crime to avoid this harsh sanction. Some of those crimes may also be misdemeanors. For instance, in the case of a young person sexting another young person, the prosecutor may agree to plea the case to Distributing Obscene Material to a Minor. However, if the prosecutor does not agree to this remedy, a child porn prosecution is always a felony.

Posted

It cannot.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

Posted

You're getting some "street law" legal advice. Child pornography is never a misdemeanor.

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Posted

I agree with Mr. Knox and the others who have posted. Distribution of child pornography is a felony. Always. This is a very politically correct charge to prosecute. There are several law enforcement centers in different states that seek out this info. They combine forces with local law enforcement to assist in gathering the evidence for prosecution. The locals will usually start with warrants to seize your computers for a forensic investigation using special software designed for that purpose. You can't erase it from the computer -- they can find it. You can receive probation for the offence if it is structured carefully, but the terms and conditions of that probation are complex. You will be added to the Sex Offender Registry. If you are asking these questions, you probably do not have an attorney. Hire an attorney that knows this area and the law enforcement personnel involved. Do it quickly.