Military Child Pornography(CSAM) Defense

The Three Questions

Defending child pornography and CSAM cases typically involves three central questions:

How We Test the Digital Evidence

The government may try to connect files to devices you own and use. Tim Bilecki and Ben Gold examine what the files and system data actually establish about how the material arrived, whether you knew it was there and what control you exercised. A file’s presence does not by itself answer all of those questions.

An image or video can reach your device through a deliberate download, an incoming message, an application that saves media automatically, or a cloud account that synchronizes material between devices. We work back through the available browser, application and account records to determine which explanation fits your case. If someone else used the device, we look for evidence connecting that person to the activity. The name on an account does not necessarily identify the person who used it.

When the defense needs a digital forensic examiner, we retain one privately or seek military funding for that assistance. The examiner can test how the application stored or shared the material, whether you could access it, and what supports a claim that you opened or saved it. Searches for CSAM and messages asking somebody to send it can be powerful evidence of knowledge. We have to account for those facts before advising you whether to fight the charge or consider a plea.

A possession allegation does not settle a distribution allegation. If the government says you shared CSAM through a messaging or file-sharing application, we examine the records of what was sent or made available, the application’s settings and what establishes that you knew it was being shared. That can give us a basis to contest a distribution charge even when the possession evidence is difficult to dispute.

An allegation involving a minor does not automatically justify a search of every device you own. We examine what connected the suspected offense to the particular device or account searched, what the authorization permitted, and how the agents carried out the search. If there is a sound basis to suppress the evidence, we put that issue before the military judge. A successful motion can take critical evidence out of the prosecution’s case.

At trial, the defense has to explain these distinctions to people who may hear “child pornography” and assume the rest. Tim Bilecki and Ben Gold use the forensic findings to cross-examine the government’s witnesses about who used the device, what the software did and which conclusions the data actually support. Before trial, those findings can give us a basis to press for charges to be declined or dismissed.

Where a plea is the right course, we negotiate the charges you will admit, the limits on punishment and what happens to the remaining allegations. We also address devices the government has seized but not finished examining. You need to know whether the agreement protects you from another prosecution based on those devices before you accept it. At sentencing, we present your service history and other mitigation, including treatment needs and a qualified assessment of future risk when expert testimony would help.

Possessing, receiving, or viewing child pornography

For a service member to be found guilty, the prosecution must satisfy the following two elements:

(1) That the accused knowingly and wrongfully possessed, received or viewed child pornography; and

(2) That, under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 10 years confinement and reduction in rank to E-1.

Possessing child pornography with intent to distribute

For a service member to be found guilty, the prosecution must satisfy the following three elements:

(1) That the accused knowingly and wrongfully possessed child pornography;

(2) That the possession was with the intent to distribute; and

(3) That, under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 15 years confinement and reduction in rank to E-1.

Distributing child pornography

For a service member to be found guilty, the prosecution must satisfy the following two elements:

(1) That the accused knowingly and wrongfully distributed child pornography to another person; and

(2) That, under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 20 years confinement and reduction in rank to E-1.

Producing child pornography

For a service member to be found guilty, the prosecution must satisfy the following two elements:

(1) That the accused knowingly and wrongfully produced child pornography; and

(2) That, under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 30 years confinement and reduction in rank to E-1.

Whatever you are facing, just reach out to us and we’ll shoot you straight on what you are facing. We’ll give a quick free defense strategy session that you can deploy whether you choose to retain us or not. These are serious charges and there is no way to make light of them. You’re going to need some serious help, so please don’t hesitate to reach out.