Los Angeles Child Pornography Lawyer

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Child pornography is one of the most heinous sex crimes a person can commit. Even the slightest rumor of a child pornography charge can have drastic consequences for your personal and professional life, even long before a trial.

Here in Los Angeles, where the adult entertainment industry is going strong, the dark underbelly of child pornography thrives. Law enforcement considers it to be a growing problem, both in Los Angeles and in the nation at large.

In Paroline v. The United States, the Supreme Court discussed the harm this crime does. Producing child pornography is not only an act of child abuse but an act which memorializes the abuse. Purchasing, downloading, and/or possessing it encourages the abusers to continue producing it in a vicious cycle that harms the victims for life. Victims are re-victimized every time the image is shared, and it’s almost impossible to hunt down and eliminate every incident.

Despite the nature of this crime, which seems like it would demand intent, you’d be surprised how many individuals are charged with child pornography but are actually innocent.

A photo of the skyline of Los Angeles at night

Child Pornography: A Federal Crime

Child pornography is both a federal crime and a state crime. Federal law defines it as, “the visual depiction of sexually explicit conduct involving a minor.

You can be brought up on charges of possession, distribution, importation, reception, or production. Even downloading and viewing a single image can result in a criminal conviction capable of following you for the rest of your life. These images are not protected by the First Amendment, in part because they document another crime in process.

These cases are often prosecuted at the federal level because the distribution of these images and videos often crosses state lines.

Even a first-time offender could face fifteen to 30 years in prison for producing child pornography, or 5 to 20 years for transporting it.  These are mandatory minimums. Certain enhancements may also increase the severity of the sentencing. For example, pornography depicting sadistic or violent conduct will be dealt with more harshly than, say, the image of an unclothed child in a sexually suggestive pose.

How People End Up Wrongfully Accused of Child Pornography

Certain risky behaviors can make a false accusation of child pornography more likely.

If you use peer-to-peer file sharing sites, especially those meant to pass on pirated music or movies, then you are in danger of picking up content you never meant to pick up. It can be stored in your computer in places you’ll never see it. Later, if a third party finds it (such as, perhaps, the Geek Squad guy you hire to get all the viruses off your computer) you will be reported. Any third party has a duty to report.

Law enforcement may also be aware of the presence of child pornography on certain file-sharing-sites and may take steps to match the IP address of every download to a name and address. Search engines and other applications can alert law enforcement if they detect child pornography uploads on any of their properties.

You’re also at risk if you frequent adult pornography sites. You don’t always have control of the images that show up there. Nor are you always aware of the content that’s being downloaded to your computer. When pornography sites tend to open multiple pop-up windows you may even end up with URLs in your cache that indicate a breach of the law. All of these were unintentional brushes with the child pornography industry, but again, if they are found by a third party you could be prosecuted.

A photo of a judge gavel in Los Angeles

Some criminals deliberately hack into other people’s networks so they can use your IP to download or distribute child pornography. When the police go looking for the IP they wind up right at your doorstep. You can end up charged even if they can’t find the files anywhere on your computer.

Finally, you’re at risk if you allow third parties to use your computer. Unless you trust that individual absolutely you should keep them off your machine. You don’t know what they may be doing when you’re not looking.

You can rest assured criminals will continue to find ways to implicate innocent people. As technology continues to evolve, so, too, will risk factors. Fortunately, prosecutors must prove you were knowingly involved in the crime before you can be convicted.

Consequences of Child Pornography Charges

In addition to being a felony and requiring lifelong sex-offender registration, child pornography charges carry civil liability. If you’re convicted, victims can seek up to $150,000 against anyone who abused them to produce child porn, anyone who shared the media, anyone who downloaded it, and anyone who purchased it.

And, of course, your reputation and your life will be ruined.

You need an incredible defense team on your side if you’re going to shake these charges. These cases are complex. They require an excellent grasp of the technology and the ways innocents can get caught in the crossfire. You’ll need someone who will rigorously seek the holes in the prosecution’s case. And there are holes to be found, from the failure to obtain a proper search warrant to evidence you were unaware of the pornography and had no intention of interacting with it.

If you’ve been charged with child pornography a public defender just does not have the time or the expertise to help you. If you want to save your reputation and your freedom, call us. As private attorneys and former prosecutors, we’ve got the experience it takes to defend your case.

Los Angeles Child Pornography Lawyer

inne-rpage-seperator

Child pornography is one of the most heinous sex crimes a person can commit. Even the slightest rumor of a child pornography charge can have drastic consequences for your personal and professional life, even long before a trial.

Here in Los Angeles, where the adult entertainment industry is going strong, the dark underbelly of child pornography thrives. Law enforcement considers it to be a growing problem, both in Los Angeles and in the nation at large.

In Paroline v. The United States, the Supreme Court discussed the harm this crime does. Producing child pornography is not only an act of child abuse but an act which memorializes the abuse. Purchasing, downloading, and/or possessing it encourages the abusers to continue producing it in a vicious cycle that harms the victims for life. Victims are re-victimized every time the image is shared, and it’s almost impossible to hunt down and eliminate every incident.

Despite the nature of this crime, which seems like it would demand intent, you’d be surprised how many individuals are charged with child pornography but are actually innocent.

A photo of the skyline of Los Angeles at night

Child Pornography: A Federal Crime

Child pornography is both a federal crime and a state crime. Federal law defines it as, “the visual depiction of sexually explicit conduct involving a minor.

You can be brought up on charges of possession, distribution, importation, reception, or production. Even downloading and viewing a single image can result in a criminal conviction capable of following you for the rest of your life. These images are not protected by the First Amendment, in part because they document another crime in process.

These cases are often prosecuted at the federal level because the distribution of these images and videos often crosses state lines.

Even a first-time offender could face fifteen to 30 years in prison for producing child pornography, or 5 to 20 years for transporting it.  These are mandatory minimums. Certain enhancements may also increase the severity of the sentencing. For example, pornography depicting sadistic or violent conduct will be dealt with more harshly than, say, the image of an unclothed child in a sexually suggestive pose.

How People End Up Wrongfully Accused of Child Pornography

Certain risky behaviors can make a false accusation of child pornography more likely.

If you use peer-to-peer file sharing sites, especially those meant to pass on pirated music or movies, then you are in danger of picking up content you never meant to pick up. It can be stored in your computer in places you’ll never see it. Later, if a third party finds it (such as, perhaps, the Geek Squad guy you hire to get all the viruses off your computer) you will be reported. Any third party has a duty to report.

Law enforcement may also be aware of the presence of child pornography on certain file-sharing-sites and may take steps to match the IP address of every download to a name and address. Search engines and other applications can alert law enforcement if they detect child pornography uploads on any of their properties.

You’re also at risk if you frequent adult pornography sites. You don’t always have control of the images that show up there. Nor are you always aware of the content that’s being downloaded to your computer. When pornography sites tend to open multiple pop-up windows you may even end up with URLs in your cache that indicate a breach of the law. All of these were unintentional brushes with the child pornography industry, but again, if they are found by a third party you could be prosecuted.

A photo of a judge gavel in Los Angeles

Some criminals deliberately hack into other people’s networks so they can use your IP to download or distribute child pornography. When the police go looking for the IP they wind up right at your doorstep. You can end up charged even if they can’t find the files anywhere on your computer.

Finally, you’re at risk if you allow third parties to use your computer. Unless you trust that individual absolutely you should keep them off your machine. You don’t know what they may be doing when you’re not looking.

You can rest assured criminals will continue to find ways to implicate innocent people. As technology continues to evolve, so, too, will risk factors. Fortunately, prosecutors must prove you were knowingly involved in the crime before you can be convicted.

Consequences of Child Pornography Charges

In addition to being a felony and requiring lifelong sex-offender registration, child pornography charges carry civil liability. If you’re convicted, victims can seek up to $150,000 against anyone who abused them to produce child porn, anyone who shared the media, anyone who downloaded it, and anyone who purchased it.

And, of course, your reputation and your life will be ruined.

You need an incredible defense team on your side if you’re going to shake these charges. These cases are complex. They require an excellent grasp of the technology and the ways innocents can get caught in the crossfire. You’ll need someone who will rigorously seek the holes in the prosecution’s case. And there are holes to be found, from the failure to obtain a proper search warrant to evidence you were unaware of the pornography and had no intention of interacting with it.

If you’ve been charged with child pornography a public defender just does not have the time or the expertise to help you. If you want to save your reputation and your freedom, call us. As private attorneys and former prosecutors, we’ve got the experience it takes to defend your case.

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