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Understanding Conditions of Probation in Child Pornography Cases

The conditions of probation prohibited Defendant from possessing sexually explicit material – including child pornography, accessing the internet or electronic devices without permission, using nonapproved social media or chat websites, and consuming alcohol or drugs. A standard condition of probation for child pornography-related crimes required Defendant to “submit at any time to an unannounced visit and/or search of the offender’s person, vehicle or premises by the agent/designee.”

Circumstantial Evidence in Child Pornography Cases

In Child Pornography Cases Indirect Evidence Can Lead to Conviction. The defendant argues there was insufficient evidence to support his conviction for production of child pornography. The defendant argues that while the minor victim testified Ashford requested and she sent sexually explicit pictures of herself to his Facebook Messenger account, no direct evidence showed he actually sent and received those communications.

Challenging Expert Testimony in Child Pornography Cases

Expert testimony can play an important part in child pornography cases. In this case, the defendant contends that the prosecution’s expert lacked the qualifications necessary to provide an expert opinion as to identity-based upon the comparison of finger and knuckle creases as shown in the two sets of photos. The defendant claims that the government’s expert instead used a generic method unreliable for the comparison of finger and knuckle creases.

Involuntary Statements in Child Pornography Cases

A statement is involuntary when it is extracted by threats, violence, or express or implied promises sufficient to overbear the defendant’s will and critically impair his capacity for self-determination. There are several factors used to determine voluntariness of statements in child pornography cases.