In California, child pornography-related crimes are taken seriously as crimes of child exploitation. The impact on your life if you are accused of one of these crimes goes beyond marring your reputation, as the penalties for these crimes if convicted include fines and potential incarceration. If you have been accused of a child pornography crime and reside in Los Angeles County, you need an attorney who can defend your case in court. The team at Okabe and Haushalter are among the foremost child pornography defense attorneys, and they can put their legal expertise to work for you.
Any materials showing a person under the age of 18 engaged in any type of sexual conduct (or in a state of nudity determined to be for the purpose of eliciting sexual arousal in the viewer) is considered child pornography by the state of California. These materials could include digital media, videos or photos. Even if the person in the materials appears to be an adult, if they are in fact below the age of 18, you could face a child exploitation charge if you are found in possession of those materials.
There are different penalties for people who are convicted of a child pornography-related criminal offense. Under California Penal Code Section 290, all people who are convicted of a crime of child exploitation, including child pornography possession or distribution, will need to register with the sex offender database. They also may face jail or prison sentences as well as fines under Section 311.
Those found to be in possession of child pornography may be penalized with up to one year in jail and a fine of not more than 2,500 dollars. However, these penalties may be harsher, including higher fines and longer periods of incarceration, if the person has previously been convicted of a similar crime.
Distribution or intent to distribute child pornography could result in a felony charge, which could lead to a sentence of imprisonment for up to six years if the distribution or intended distribution is proven to have been for the purposes of commercial gain. Fines can soar into the tens of thousands of dollars in these cases, up to 100,000 dollars maximum.
Being honest with your lawyer is vital when discussing your case. The team at our Marina Del Rey child pornography defense law firm cannot provide you with necessary assistance if you are not going to be truthful with us. If you are guilty of the crimes which you have been accused of, our best strategy is to negotiate for a sentence that is less harsh than the sentence you might receive if you did not have a qualified lawyer representing you.
However, there are certain defenses it’s possible to use when someone accused of possessing child pornography might not truly be guilty of such. The following are key examples:
Unintentional or Accidental Possession
Not everyone has full control over the material that gets downloaded to their computers and other such devices. It’s not uncommon for individuals to share their devices with others.
For example, perhaps you shared your computer with an ex. Maybe there was a period of time during which they still had access to your computer after you broke up with them. In an act of revenge, they might have downloaded child pornography onto your computer, hoping that you would get into legal trouble when it was discovered.
There are also ways these materials can be downloaded onto someone’s computer if they were using an unsecured connection or were the victim of a hacker.
However, even if you know you did not intend to download child pornography onto your computer, proving this is the case can be challenging. You need assistance from a Marina Del Rey child pornography defense attorney who can investigate the matter and gather evidence proving the materials found on your device were not intentionally downloaded by you.
Not Child Pornography
It is sometimes the case that material which appears to be child pornography isn’t actually child pornography. For example, perhaps a video used for legitimate educational purposes in the medical field includes minors in states of undress. This type of material might not meet the legal qualifications necessary to be considered real child pornography.
Proving material which looks like child pornography isn’t actually child pornography is another task an attorney is uniquely qualified to handle. The team at our Marina Del Rey child pornography defense law firm will consider this potential defense strategy if it has genuine merit.
Entrapment cases are rare. However, entrapment can happen.
An entrapment case involving child pornography might be one in which law enforcement induces someone to download child pornography onto their computer when they otherwise would not have done so themselves. Sometimes, police might even convince someone to download materials that include child pornography but are not labeled in a manner that would indicate this is the case.
Again, these cases are not common, but they sometimes occur.
Just remember, be honest when speaking with our Marina Del Rey child pornography defense lawyers. That is the best way to help us help you.
You deserve to have the best defense attorney by your side in the courtroom. If you are facing child pornography charges, you need a lawyer with a track record of getting their client’s solid results in court. Okabe and Haushalter are among the best child pornography defense attorneys in Marina Del Rey. They have helped their clients get reduced charges and penalties via plea agreements, and they can do the same for you. Call today for a free case evaluation and see for yourself why the attorneys at Okabe and Haushalter are renowned for their courtroom excellence.