Have You Been Arrested Or Charged With A Child Pornography Sex Crime?
If so, you are facing some very serious charges and will need an experienced Los Angeles defense lawyer to represent you in your child pornography case.
Child pornography is, understandably, a controversial area of speech. Over the decades, there have been precedents that make it easier for judges to prosecute individuals for child pornography. For example, Osborne v. Ohio case, while not at the time directly related to California law, established a precedent for criminalizing the possession of child pornography, not to mention acts of production and distribution of the content. The case also provides guidelines for defining child pornography; these guidelines center on ‘lewd’ or ‘graphic focus’ on children’s private areas within a film, photoset, and other such media. Because the prosecution against child pornography has become more arduous over the years, it is important to have a good Los Angeles child pornography defense lawyer to help you through the process, if you have had charges of child pornography brought against you.
The United States Code currently defines “Child Pornography” 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.” In order to be clear, the United States Code further defines what it means for ‘sexually explicit content involving a minor’, stating “the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.” (For more generalized information on the federal child pornography laws, visit www.justice.gov).
California state statutes also define child pornography. While watching child pornography is not, in itself, illegal, under California law it is illegal for an individual to “knowingly possess or control any child pornography that was produced using a person under 18” (Penal Code 311.11). The California penal code also protects children.
These crimes are often charged as felonies, although they may be charged as misdemeanors depending on the severity and the circumstances. It is important to have a defense lawyer in cases such as these. Punishments for these crimes include jail time, imprisonment, fines, and the requirement to register as a sex offender. Prosecutors in all cases must prove that the defendant had intent when distributing,
possessing, producing, or otherwise handling child pornography. In the state of California, convictions often involve the individual to be imprisoned in a county jail for up to a year, and/or pay a fine up to $2,500. All convictions, regardless of severity, require that the individual register with the State as a sex offender. This can often be one of the most damaging results of a child pornography conviction; additionally, if you have a history of convictions on similar charges, your punishment for the most recent case may be far greater than what is standard for first time offenders.
In regards to charges, there are several types of child pornography cases that can be brought against you. Elden Law Group is experienced with defending child pornography videos, distribution, possession, peer to peer sharing, internet, and production cases. Some cases that defense lawyers use, depending on the nature of the case, include the following: entrapment, you didn’t knowingly acquire/distribute/produce the pornography, you are addicted, you were falsely accused, or the evidence that is being used against was illegally obtained. In any case, it is important to seek counsel from a professional. Call David Elden today start your defense for these child pornography charges at 310-773-5424 or 1-888-991-9353. Schedule your Free Consultation today.