Have You Been Arrested Or Charged With A Child Porn Sex Crime? If So, You Need To Call David Elden Right Now.
Child pornography is a controversial topic, and is rather touchy for many Americans. The idea of possessing, selling, or producing child pornography is highly frowned upon by many people in our society. There are both federal and state laws in place restricting the production of child pornography. In the state of California, it is illegal to hire, use, or coerce a minor (someone under 18 years of age) to participate in the production of child pornography. It is also illegal to knowingly develop, reproduce, or exchange child pornography. In such cases as you are accused of producing child pornography, it is important to have a good defense lawyer with you in court; possessing and consuming child pornography is one thing, but producing the content is another matter entirely.
Child pornography is defined by the United States Code as “any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.”
However, it is not always an obvious display at child pornography that can land you in hot water. There are times when a video or photo is clearly child pornography, but there are also times when the lines could be blurred. As a producer of such content or alleged producer of such content, it is important to anticipate the charges being laid against you. It is equally important to have an experienced defense attorney working for you. In some instances, it may be applicable to apply a work-as-a-whole argument to a film/collection of photos. Work-as-a-whole arguments focus on the idea that, while there may be offensive or objectionable parts within a video or photo collection, the work should be taken as a whole and thus protected for its artistic value.
While there are compelling arguments for the production of media containing what could be construed as pornographic elements, there may still be arguments brought against the work-as-a-whole notion itself. Such arguments may include the idea that individuals seeking child pornography can easily disregard the entire work, and technology makes it easy to isolate such instances within the work(s). If the line is fine enough between what is artsy and what is child pornography, it is important to have an experienced defense attorney on your side when entering into such cases.
More common defenses for a lawyer to make are entrapment by an officer, not knowingly acquiring/ producing/ distributing child pornography, and being falsely accused.
Regardless of the circumstances, the fact remains that there is a prejudice against any case that is brought forth with ties to child pornography; regardless of whether the allegations being laid against you are true, the jury or judge will most likely already have a preconceived idea of what to expect. With the implementation of stricter laws against child pornography, it is becoming more difficult to defend against such accusations. It is also important to acknowledge that accusations of the production of child pornography may also come with concerns of child abuse, and whether the producer sexually abused a minor, or condoned the sexual abuse of a minor. These charges can be even more severe than the child pornography charges being laid against you.