Have You Been Arrested Or Charged With A Child Pornography Sex Crime? If so, Call David Elden right now!
With more business being conducted online than ever before, it makes sense that more files (videos, documents, etc.) are being shared between peers. Peer to peer sharing is often used legally, and is used to share business files, documents, and other important files; it is an efficient way to share digital files, without the requirement of copying, mailing, and processing physical information. However, peer to peer sharing can also be used to share illegal documents, such as child pornography. These files do not need to be videos, but can include photographs, digital or computer generated images indistinguishable from an actual minor, and images that appear to depict an identifiable, actual minor, according to the United States Code regarding child pornography.
Penalties for child pornography sex crimes are stiff and life changing. You will need a strong defense and an experienced child pornography defense lawyer in Los Angeles. Call the Elden Law Group today and speak with David Elden.
In the early 2000s, peer to peer sharing took up a larger share of peoples’ internet usage. While there has been a downtick in peer to peer sharing in recent years – relative to the overall use of the internet – it is still used, and it is used heavily by those in possession of/looking for child pornography. But what makes sharing child pornography through such methods effective? Part of the appeal comes from the ease of access; all users have to do to access files is to install an application that connects to the network they want to connect to, and then they have access to all of the shared files within that network. Another appeal is the high level of traffic that these networks garner; such an environment makes it easier for those seeking or distributing child pornography to retrieve/distribute their content.
It may sound like enforcement officials can’t – or won’t – target people on such networks simply for these reasons. However, there are ways that law enforcement officials can catch individuals sharing child pornography via peer to peer sharing networks. Because of their nature, peer to peer networks are wide open vats of information; investigative officers can readily track individuals within these networks. However, when it comes to deciding who to target, officials go after those people who they consider to be high risk. People who have the highest potential of being ‘IRL’ (in real life) abusers are targeted first by police; the priority is to find those individuals who have indecent contact with minors.
As is the case with all child pornography cases, it is difficult to defend cases of peer to peer sharing of child pornography. There is a stigma surrounding child pornography, and you can be sure that there will be an easier time for the prosecution than for the defense. Elden Law Group has experience defending these cases and can provide counsel if you find yourself defending against these charges. In addition to the federal laws prohibiting the possession, distribution, production, and sharing of child pornography, the California Penal Code prohibits any individual from knowingly possessing or controlling any form of child pornography. The landscape is continuously changing, and it is important for you to be prepared as you move forward in your court process.
Peer to peer sharing is a common method of acquiring and distributing child pornography on the internet. There are millions of people on the networks, so it is difficult and even unreasonable to target low-risk individuals. It is also easily acceptable, and doesn’t require much more than a single software program to access the network. However, there are other ways that child pornography is accessed on the internet. Such methods include pornography websites as well as sites like Pirate Bay, which can be used to download pornography.
However, because of the nature of the internet, it can be difficult to prosecute someone based on their browsing history. While that does leave a ‘footprint’, it is often not enough for a conviction. Again, distributors are often the ones targeted in such circumstances. The internet makes it easy to distribute information, regardless of the content; all one needs to do to distribute content via the web is to upload it to a torrent website, or some other form of file sharing website, and make it open for others to download. Cases like this are easier to prosecute, because there is a definitive trail back to the poster via their IP address.
Having an experienced defense lawyer is important in any case, especially involving child pornography, due to the long term implications that a conviction will have on your life. A common defense for internet pornography cases involves the argument that the defendant did not technically possess the content for which they are being accused of having. The argument can also be drawn that that content was downloaded without the knowledge of the accused, either via a virus or another individual that had access to his or her computer.
Internet child pornography may also involve the distribution of videos or images to other people. Penalties for distributing child pornography across state borders – even digitally – can be severe. Because the crime now involves two states, it falls under federal jurisdiction and you may be subjected to federal laws, not state laws.
waste any more time. Call and speak to David Elden right now!