New Hampshire Child Sexual Abuse Image Defense Lawyers

If you have been accused of manufacturing, possessing, or distributing child sexual abuse images, more commonly known as child pornography, in New Hampshire, you need to move fast to work on your defense. Convictions for such offenses cannot be annulled, which means they remain on a criminal record for life, require inclusion on the Registration of Criminal Offenders, and often occasion significant prison sentences. They may also destroy your reputation among your family, friends, neighbors, and coworkers. 

Shaheen & Gordon, P.A. protects the rights of anyone who has been accused of a serious crime in New Hampshire, including child sexual abuse image crimes. We believe in the importance of giving every person a chance to defend themselves. For nonjudgmental and highly experienced legal counsel, turn to our criminal defense attorneys first.

Call 800-451-1002 now and ask for a confidential case review.

Why choose Shaheen & Gordon?

Being accused of a crime involving child sexual abuse images is life-altering. At Shaheen & Gordon, P.A., we understand the gravity of these charges and the devastating impact they can have on your reputation, career, and personal life. That’s why we provide discreet, strategic, and aggressive defense for individuals facing these serious allegations.

What sets us apart?

• Experienced Criminal Defense Attorneys – Our team has extensive experience handling complex internet crime cases and understands the technical and legal nuances involved. 
• In-Depth Knowledge of Digital Evidence – These cases often rely on forensic data, computer searches, and digital evidence. We work with top experts to challenge improper procedures and questionable evidence.
• Protecting Your Rights & Reputation – A conviction carries severe penalties, including prison time, mandatory registration as a sex offender, and lifelong consequences. We fight to ensure your rights are upheld and explore every avenue for defense.
• Discreet & Non-Judgmental Representation – We know how sensitive and overwhelming these cases can be. Our firm handles every case with the highest level of confidentiality and professionalism.
• Aggressive Defense Strategies – Whether challenging search warrants, questioning law enforcement procedures, or negotiating reduced charges, we take a proactive approach to securing the best possible outcome.

Child Sexual Abuse Image Laws in New Hampshire

New Hampshire defines child sexual abuse image, or child pornography, as any depiction of a person who is less than 18 years old engaged in sexually explicit conduct. A “depiction” can take many forms, but usually describes a photograph or video. “Sexually explicit conduct” can also take many different forms, including any sexual act with or without another person, as well as any exhibition of body parts meant to be displayed in a sexual manner.

In New Hampshire, it is illegal to:

• Knowingly create, produce, manufacture/make, or direct a visual depiction of a child engaging in sexually explicit conduct.
• Knowingly sell, attempt to sell, publish, exchange, or otherwise transfer a visual depiction of a child engaging in sexually explicit conduct.
• Knowingly procure, possess, or control a visual depiction of a child engaging in sexually explicit conduct.
• Knowingly participate in a visual representation that consists of a child engaging in sexually explicit conduct.

Effectively, it is illegal to interact with any materials that display visual depictions of children in sexually explicit or derived conduct. If you have been accused of manufacturing, distributing, possessing, or interacting with child pornography in any way, you must take it seriously. New Hampshire law enforcement contains investigation units that specialize in investigating cases of child sexual exploitation. The New Hampshire Internet Crimes Against Children Task Force aggressively investigates allegations of possession, distribution, and manufacturing of child sexual abuse images. 

Felony Child Sexual Abuse Image Crimes in New Hampshire

Convictions for such offenses typically can’t be annulled, often last on a record for a lifetime, occasion stigmatizing registration obligations, and can result in lengthy prison sentences. Under New Hampshire law, all child sexual abuse image crimes are felonies. Each alleged image constitutes a single felony crime. The felony degree can vary based on the specifics of the criminal charges, which will also change the potential conviction penalties.

If you are convicted of a crime involving child sexual abuse images in New Hampshire, you could be penalized with:

• Up to life in prison, depending on the crime.
• Up to $4,000 in fines, depending on the crime.
• Registration as a sexual offender against children. 

A conviction for any crime of child sexual abuse images in New Hampshire will result in being placed on the sexual offender registry, which is managed by the New Hampshire Department of Safety. No matter which variation of child sexual abuse images crime a person is convicted of, any conviction results in a lifetime registration requirement. If you’re on this registry, it can impact your private and professional lives in many ways, such as requiring you to inform your local police department when you move in, changing the areas you can live in, affecting your chances of working in certain occupations, and more.

(H2) Federal Child Pornography Crimes

Child pornography is also illegal contraband under federal law. It is not protected by First Amendment rights. 

Federal jurisdiction is triggered in a child pornography case if the offense occurred in interstate or foreign commerce, such as using USPS or other mail carriers to transport child pornography across borders. Using the internet or any digital device can further implicate federal law. Even if a child pornography image itself did not travel across state or international borders, if the computer or storage device used in a child pornography crime did then federal jurisdiction may be triggered.  

Federal Law defines child pornography similarly to New Hampshire law, with some elaboration. According to Section 2256 of Title 18, United States Code, visual depictions of child pornography include digital or computer-generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.  Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.

Like New Hampshire law, the federal definition of sexually explicit conduct does not require that an image depicts a child engaging in sexual activity.  A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.  

Importantly, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.

Offenders convicted of a federal child pornography offense, face severe penalties:

• A first-time offense of producing child pornography faces fines and a statutory minimum of 15 years to 30 years maximum in prison.  
• A first-time offense of transporting child pornography faces fines and a statutory minimum of 5 years to 20 years maximum in prison.  
• Repeat offenders or aggravated situations, such as violent images or the involvement of sexual abuse,  may incur harsher penalties, including up to life in prison.

It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.

Defenses to Child Sexual Abuse Image Charges

Every criminal charge for possession, distribution, or manufacturing of child sexual abuse images requires a comprehensive understanding of the case and a robust defense against all allegations. The type of defense strategy will depend on the specific details of each case. At Shaheen & Gordon, our criminal defense lawyers always personalize our defense strategies and methods to each client’s needs.

Defense arguments that might apply to your child sexual abuse image case are:

• Did not know the images existed: We might be able to demonstrate and argue that you reasonably did not know the explicit images existed, or that your arrest was a case of mistaken identity.
• Did not know the person was a child: In many cases, the age of a person in a pornographic depiction is essentially impossible for a viewer to know for certain. We could make the argument that you reasonably thought all people depicted in the materials were consenting adults.
• Did not intend for the images to be sexual: Art can take lewd and sometimes shocking forms, but that does not mean artful materials are sexually explicit. In some cases, we might be able to argue that the depictions in question do not constitute child sexual abuse images because they do not portray a child engaged in a sexual act. 
• Unlawful search and seizure: Police investigators must obtain warrants to search and seize electronic devices and digital files, except in unusual circumstances. If we can argue that your property was taken during an unlawful search and seizure, or that it was searched pursuant to a defective warrant, we might be able to argue that key evidence used by the prosecution should be inadmissible in court.

The use of experts is often important in the defense of child pornography cases. Law enforcement must undertake computer searches in a way that respects the integrity of the evidence. Technology experts help review how law enforcement conducted a search, identify potential defenses, and confirm that the best computer forensic practices have been applied in the investigation and defense of such cases. Mental health experts are often also important in the defense of such cases to identify potential mental health concerns as well as appropriate treatment for them. Through our experience defending such cases, our criminal defense lawyers are aware of experts in the field and when to rely on them in the defense of child pornography charges.

Affirmative Defense for Possession of Child Sexual Abuse Images

New Hampshire allows a unique defense for possession of child sexual abuse images called an “affirmative defense.” An affirmative defense is one that, if properly raised, the prosecution must disprove beyond a reasonable doubt, in addition to the elements of the crime. 

You may be eligible to use the affirmative defense strategy if:

• You possessed less than three images of child pornography; and,
• You promptly and in good faith took reasonable steps to destroy each image; or,
• You promptly and in good faith reported the images to the police and allowed them to access the images.

Start Your Defense—Call Right Away

An allegation of possession, distribution, or manufacturing of child sexual abuse images is potentially life-changing. Don’t wait another day to start defending yourself from an accusation or criminal charge as serious as child sexual abuse images. Discover your defense options by working with the experienced criminal defense attorneys of Shaheen & Gordon today. Since 1981, we’ve fought for the rights of people in our communities.

For a confidential case evaluation, call us at 800-451-1002 today.