Being charged with a child pornography offense in Indiana is one of the most serious legal situations you can face. Both state and federal law treat these allegations as felony-level offenses, often carrying mandatory minimums and sex offender registration.
Call your Indianapolis child pornography attorney from Wruble Law today to speak with your sex crimes lawyer, backed by 70+ jury trials over the last 20+ years, and find out what these charges mean and how a defense may be built.
Why Choose Us at Wruble Law?
When you are facing charges this serious, the experience of your attorney makes a real difference. At Wruble Law, we have handled a wide range of sex crime cases across Indiana, and we understand how critical it is to get every detail right.
Our team has taken on complex criminal defense cases that involve digital evidence, expert testimony, and emotionally charged issues. We understand the heavy stigma that comes with these accusations. That is why we handle every case with discretion and respect. You can expect a private, judgment-free environment where your questions are taken seriously and your future is treated with care.
What Is Considered Child Pornography?
Both Indiana and federal law define child pornography based on the age of the person depicted and the nature of the content itself. It does not matter whether someone intended to share the file or make money from it.
In many cases, simply having a file on a device is enough to trigger charges under Indiana Code § 35-42-4-4 or federal statutes. Here are some of the key factors courts look at when determining if a file qualifies as child pornography:
- The person shown in the image or video must be under the age of 18.
- The content must depict nudity or sexually explicit conduct involving a minor.
- Possession charges often involve the intent to keep or store the file for later viewing.
- Search terms, file names, or metadata may be used to suggest knowledge or intent.
- File-sharing software or peer-to-peer programs may raise questions about distribution.
Your Indianapolis child pornography lawyer with Wruble Law can review how the evidence was collected and whether any procedural violations occurred under 18 U.S. Code § 2251 or 18 U.S. Code § 2252.
What Are the Elements of Child Pornography Charges?
One of the first things prosecutors must prove is that the person depicted was under 18 at the time of the recording. Investigators often rely on birth certificates, statements from the alleged victim, or digital evidence tied to the original file.
The law does not require a video or image to show penetration or direct contact to qualify. If the file depicts a minor engaged in a sexual pose, or if the content appears to be part of a broader pattern of exploitation, that may still meet the threshold. Courts are especially sensitive to anything that could relate to grooming or materials that overlap with rape or abuse.
What Are the Penalties for Child Pornography in Indiana?
The penalties for a child pornography conviction can vary depending on how the case is charged and how many files are involved. Prior convictions, allegations of sexual assault, or possession of large quantities of material can all lead to more serious sentencing. Here are some of the most common penalties linked to child pornography charges in Indiana:
- A Level 5 felony may carry a sentence of one to six years under Indiana Code § 35-50-2-6.
- You will likely be required to register as a sex offender under Indiana Code § 11-8-8-5.
- Aggravated offenses, as outlined in Indiana Code § 35-38-1-7.1, may lead to enhanced sentencing terms.
Get Help From a Child Pornography Attorney in Indianapolis to Face the Charges Against You
You do not have to go through this alone, and you have the right to a real defense. Your child pornography attorney in Indianapolis will listen without judgment and guide you through every step of the process. To speak with your child pornography lawyer in Indianapolis with Wruble Law, contact us today.