A child pornography charge can change your life in a matter of days. New Mexico prosecutes these offenses aggressively under the Sexual Exploitation of Children Act, NMSA 30-6A-3, and a conviction carries mandatory prison time, sex offender registration, and lasting collateral consequences.
If you are under investigation or have been charged, speaking with an Albuquerque child pornography lawyer before you make any statements to law enforcement could significantly impact your case’s outcome. At Duran & McDonald, a criminal defense attorney from our team could review your situation, explain the charges, and build a defense strategy.
The Sexual Exploitation of Children Act treats each form of involvement with prohibited material as a separate offense. Penalties depend on the nature of the alleged conduct.
Knowingly possessing material that depicts a prohibited sexual act involving a child under 18 is a fourth-degree felony. A conviction carries up to 10 years in prison. If a court or jury finds that the child depicted is under the age of 13, the basic sentence increases by one year.
Intentionally distributing prohibited material is a third-degree felony, punishable by up to 11 years in prison. Distribution includes sharing or transmitting material through any medium, including electronic platforms.
Manufacturing prohibited material is a second-degree felony, carrying up to 12 years in prison. This category includes creating, producing, or directing the creation of material depicting a child involved in a prohibited sexual act.
Federal authorities may pursue charges under 18 U.S. Code § 2252, which carries a five-year mandatory minimum and up to 20 years for receipt and distribution. Possession carries up to 10 years (or 20 years if the child is under 12).
A conviction at either the state or federal level requires you to register as a sex offender, which could affect your housing, employment, and personal relationships indefinitely. An experienced Albuquerque lawyer from our team could help you understand the potential consequences of such an outcome in your child pornography case.
Every case is different, and the right defense depends on the specific facts involved. To properly evaluate the evidence against you and identify the strongest available defense in a case concerning pornography involving minors, it is critical to engage a knowledgeable Albuquerque attorney as soon as possible. Common strategies include the following:
Law enforcement must follow constitutional requirements when obtaining digital evidence. If investigators accessed your devices, online accounts, or home without a valid warrant or without meeting an exception to the warrant requirement, the evidence they gathered may be inadmissible. A defense attorney could then file a motion to suppress any unlawfully obtained material.
The prosecution must prove that you knowingly possessed or distributed prohibited material. If your device downloaded files automatically, another person placed the files on a shared device, or the files arrived through unsolicited messages, the state may be unable to establish the required intent.
If law enforcement induced you to commit an offense that you would not otherwise have committed, an entrapment defense may apply. This arises most often in undercover operations or online sting investigations.
Facing accusations of a crime involving child pornography does not necessarily mean that a court will convict you. The child pornography attorneys at Duran & McDonald were both born in the Albuquerque area and grew up here. That means we have a deep understanding of the local courts and the prosecutors who handle these cases.
We care about the people in our community, and we believe every person facing criminal charges deserves a thorough, aggressive defense. From the initial investigation through to trial, our team works to protect your constitutional rights and pursue the best possible outcome.
If you are facing charges related to child pornography, the consequences of a conviction are severe. At Duran & McDonald, an Albuquerque child pornography lawyer could review your case, guide you through your options, and start putting together a defense on your behalf. Contact us online or call today to schedule a consultation.
