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Why Possession of Obscene Materials Can Be Charged as a Sex Crime

You may be wondering, what exactly are obscene materials? In Florida, obscene material is defined as material that, to the average person, would depict strong sexual interest or sexual conduct in an unpleasant and offensive way that lacks any serious value. Many times, obscene matter depicts minors engaged in sexual conduct—also known as child pornography. For this reason, the possession and distribution of obscene matter may not only carry substantial jail time and heavy fines, but also the requirement to register as a sex offender.

How a Suspect Is Convicted

In order to convict a suspect of possession of obscene materials, it must be proven that:

  • The party knowingly possessed or produced the material, with or without the intent to distribute
  • The material in question is obscene
  • The party knew of the material’s obscene nature

Obscene Materials Defense

Just because you are charged with possessing obscene materials does not mean you are guilty. Often, people unknowingly download obscene content through a virus or program. An attorney and a computer forensics expert can prove when a user has accidently downloaded or possessed obscene materials. An expert can retrieve data from the hard drive and retrace the steps that led to the file being downloaded.

An expert can also examine the file sharing program the obscene materials were downloaded from and look at the search terms. Many times, a link can be found between an innocent search term and the name of an obscene file. An individual file can also be explored to see when it was downloaded, last accessed and changed. These dates can construct a timeline that may be useful in court.

Talk to a Lawyer Today!

When the potential consequences are this severe, you need an experienced and compassionate West Palm Beach sex crime attorney by your side. At Perlet, Shiner, Melchiorre & Walsh, P.A., we have decades of combined experience and a track record of success.

Call 561-721-0552 or contact us online.

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