Child Pornography
California Child Pornography Defense Attorneys
A devastating charge to be faced with no matter who you are. Any individual accused of a child pornography offense will have an uphill battle, one that can destroy them and their family. If you are dealing with child pornography charges, you need the best defense possible and you need it now. There is no time to waist, Our Team can help you build the best possible defense to clear your name and protect you and your families future.
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Child Pornography In Los Angeles
Due to the nature of the charges, Child Pornography is not a simple state or local charge, it is actually a very serious Federal Charge as well. The law says that it is a crime to create, produce, and distribute pornographic content that involves a minor under the age of 18. In addition, simply possessing it is a crime. This includes any form of media, whether the media is in the form of video or images. This means that if you have been spammed with childporn on your phone, you now possess child porn. It’s that simple.
Federal Laws Related To Child Pornography
- Sexual Exploitation Of A Child (children)
- Transactions for Selling and Buying of Children
- Any Activity sexually exploiting a child
- Any Material sexually exploiting a child
- Any activity or material that contains Child Pornography
- Any production containing sexual depictions of a minor
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Child Pornography Charges
Los Angeles sex crime defense attorney Chad Lewin defends clients against all types of child pornography charges including:
- Possessing child pornography
- Distributing child pornography (includes peer-to-peer file sharing)
- Manufacturing child pornography
- Developing, duplicating, printing, or exchanging child pornography
- Advertising child pornography
Penalties for Possesion of Child Pornography in Los Angeles
If charged as a misdemeanor, you could be subject to a jail sentence up to one year and fines up to $2,500. If charged as a felony offense, the penalties become more severe and include 16 months to 8 years in California State Prison and fines up to $100,000. Sex Registration is mandatory if convicted.
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Federal Child Pornography Charges
In addition to state charges, child pornography can be prosecuted by the federal government. The feds will likely get involved in your case if you were accused of:
- Transporting child pornography across state lines with the intent to sell it
- Persuading, inducing, enticing or coercing a minor into producing child pornography
The U.S. Federal Government has tremendous power and limitless resources to investigate and prosecute child pornography cases. Los Angeles sex crime defense lawyer Lewin knows how the federal criminal court system works and will formulate an aggressive defense strategy to fight the charges you face.
Penalties for Federal Child Pornography Charges
Prison sentences for federal conviction of a first-time possession of child pornography range between 5 and 20 years. Production of child pornography carries a minimum sentence of 15 years and a maximum of 30 years in federal prison.
Legal Defenses for Child Pornography Charges
- It was an innocent mistake. It’s possible you clicked on an image or file by accident and/or was unaware that the image or file you were accessing involved a person under 18 years old. If you can prove that you lacked the intent to commit the crime, it will be difficult for the prosecution to achieve a conviction.
- You were the victim of an illegal search and seizure. If state or federal authorities raided your property or premises without a legal search warrant or failed to follow proper protocol in some other way, any evidence that was gathered would be considered inadmissible in court.
- You were hacked. You may be able to argue that child pornography was in your possession without your knowledge. Your computer may have been infected with a virus or hacked by someone who dumped sexually explicit pictures or videos on your hard drive.
- You were entrapped. State and federal authorities frequently attempt “sting operations” to trap suspecting online sexual predators. In some cases, they can become so overzealous that they will attempt to lure you into a crime you had no intention of committing. If you were the victim of pressure or threats from law enforcement to get you to commit a crime, you would have a viable defense of entrapment.
- You have a psychological addiction. If you have a compulsion to consume child porn but want to stop, you may be struggling with an obsessive-compulsive disorder, addiction issues, severe depression, or bipolar disorder. Sometimes, a mental health argument can go a long way towards reducing charges and/or punishment.
What If I Accidentally Come Across A Chile Pornography Website?
If you happen upon a site that has any depictions of child pornography, you should report it to your local enforcement agencies. It is true that Child Pornography can be prosecuted locally, however, it is also covered in federal courts and therefore, it is a good idea to report it to federal agencies as well.
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Regardless of whether or not you are facing local or federal charges, you want to retain an experienced Los Angeles Criminal Defense Lawyer for the best possible outcome in your case. Get ahead of your defense, contact our office today to learn how we can help you.