Child Pornography Defense Lawyer in Fishers
30+ Years of Trial Experience. I Handle Your Case Personally.
A child pornography or child exploitation charge reaches into every part of your life. These cases move fast, investigations are technically complex, and the stakes are severe. I’m David Shircliff, and I personally handle every aspect of every case I take. When you hire me, you get me from the first phone call through the final resolution. No associates, no handoffs.
I’ve been practicing criminal defense since 1990, including years as a public defender, and I’ve served as lead counsel in more than 120 jury trials and hundreds of bench trials, including cases involving serious sex offenses. Clients describe me as sincere, relentless, and decisive. I give straight answers and build strategies around what your case actually needs, not what sounds reassuring.
If you’re facing a child exploitation or possession charge in Fishers or anywhere in Central Indiana, contact Shircliff Law LLC today at (317) 936-3404 to discuss your situation.
Indiana Child Exploitation & Possession Charges: What You’re Facing
Indiana Code 35-42-4-4 governs child exploitation and the possession of child sexual abuse material. Possession of child pornography is charged as a Level 6 felony by default, carrying up to two and a half years in prison, but specific aggravating factors can elevate it to a Level 5 felony with a sentencing range of up to six years. Child exploitation under the same statute is typically a Level 5 felony and can be elevated to a Level 4 felony, carrying two to 12 years, when aggravating circumstances apply.
Indiana law prohibits creating, possessing, or distributing any image or video depicting a minor in a sexual context. A charge doesn’t require that you created or shared any content. Files found on a phone, a laptop, or a cloud storage account can be enough for prosecutors to proceed.
Local Enforcement & the Risk of Federal Prosecution
In Fishers, these investigations are typically conducted by the Hamilton County Metro Child Exploitation Task Force, headquartered at the Fishers Police Department and drawing officers from multiple agencies, including Homeland Security Investigations. That federal involvement matters. Cases originating with this task force are sometimes referred for federal prosecution through the U.S. Attorney’s Office for the Southern District of Indiana, where sentencing guidelines are separate from Indiana state law and penalty ranges can be significantly more severe.
Beyond incarceration, a conviction under Indiana Code 35-42-4-4 requires registration as a sex offender under Indiana Code 11-8-8-4.5. The default registration period is 10 years, but registration can be required for life if the court designates someone a sexually violent predator or if aggravating circumstances apply. My practice covers clients across nine counties in Central Indiana, including Hamilton, Hendricks, Madison, and Marion.
What Sets Shircliff Law LLC Apart?
Clear Guidance. Strong Defense. Always on Your Side.
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Over 30 Years ExperienceWith over 30 years of courtroom experience, David Shircliff brings unmatched legal insight to every case.
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Honest, Relentless & DecisiveWe tell you the truth, fight without hesitation, and act with purpose at every stage.
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Won At Every LevelFrom local courts to federal appeals, we know how to win — and we’ve done it.
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Hands-On ApproachWe work with you one-on-one, staying hands-on through every phase of your case.
Defenses in Indiana Child Pornography & Child Exploitation Cases
These cases rely heavily on digital forensic evidence, and that evidence isn’t always what it appears to be. My decades of trial experience help me identify where the prosecution’s case may be vulnerable. I handle that review personally, not a paralegal or a junior associate, because that review can have a major impact on how a case is defended.
Common defense strategies include:
- Unintentional possession: The material may have been on a shared device or network, with no knowing possession by the accused.
- Accidental possession: Malware or a virus can download illegal files without the user’s knowledge or intent.
- Illegal search and seizure: If law enforcement obtained evidence without a valid warrant or proper legal justification, a motion to suppress can lead to that evidence being excluded.
- Indiana sexting defense: A statutory defense is available when the images were sent through a cell phone or social networking site, both parties were in a dating or ongoing personal relationship, the accused is under 22 and no more than four years older or younger than the other person, that person consented, and the images were not distributed to others.
Talk to Me Before You Make Any Decisions
I generally offer a free initial consultation so you can explain your situation before any financial commitment. I’m flexible on fees and work with clients to find arrangements that can make a serious defense more accessible. Virtual consultations are available if coming to the office isn’t practical right now.
I won’t sugarcoat what you’re up against, but I’ll give you an honest picture of where you stand and what we can do. Call (317) 936-3404 to schedule your consultation.
