When Baby Pictures Become Baby Porn
Criminal laws are set in place to protect those who have been victimized. However, all too often, prosecutors get it all wrong and go after people who are innocent of any wrongdoing. Imagine a scenario where a worker for a photo development lab processes an order, only to find what he believes to be baby porn. He is required by law to report the incident to the police. The alleged perpetrator, though, may be innocent, as will be seen. If you have been accused of child pornography it is very important that you work with a Michigan child pornography attorney.
A MICHIGAN CHILD PORNOGRAPHY LAWYER DISCUSSES A CASE BY EXAMPLE
Being found guilty of possessing baby pornography can destroy your life. Not only will you spend substantial time in prison, you will probably lose custody of your children and have to register as a sex offender wherever you go for the rest of your life. What if this happens with innocent photos you take of your children taking a bath? Ask the Demarees.
A.J. and Lisa Demaree have three young daughters that they absolutely dote on. One day, their girls were taking a bath; the Demarees thought they were so cute that they decided to take pictures. They loaded the pictures onto a memory stick and happily trotted off to Walmart to have the photos developed. What they received was a visit from child welfare and then the police. Their children were taken from them and the Demarees were arrested. Mrs. Demaree was suspended from her job. Their names were placed on the sex offender registry. A Michigan child pornography attorney will tell you it took them months of legal fighting and $75,000 in legal fees to extricate themselves from this nightmare. They were cleared later and are now suing various entities including Walmart and the city where they live.
A MICHIGAN CHILD PORNOGRAPHY ATTORNEY OFFERS ANOTHER EXAMPLE
In a similarly ridiculous misapplication of the law, a woman in Dallas took photos of her boys all aged under 4 and taking a bath. She also took a selfie of herself breastfeeding her youngest boy and, just as with the Demarees, took the film in for processing to Eckerd Drugs. The result was similar. The Dallas County District Attorney charged the woman with sexual performance of a child. A conviction would mean up to 20 years in prison. Eventually, the charges were dropped, but her children are still in the custody of child welfare.
Your Michigan child pornography attorney will tell you that much of the blame is on how case precedents in the 1980s and 1990s altered the definition of child pornography. It is now very broad and relies upon subjective opinions. Just one person’s opinion of a photo being “lewd” can lead to problems.
A MICHIGAN CHILD PORNOGRAPHY LAWYER MAY BE ABLE TO HELP
A charge of possessing child porn is very serious. It can literally ruin your life if you are convicted. It is very important that you work with a Michigan child pornography attorney who has a successful track record and will fight for you. Call Blanchard Law today at (616) 773-2945.