While use of and access to the internet is a “must” in today’s day and age, the internet has unfortunately become the primary medium for the viewing and distribution of child pornography, which is a federal crime. Federal law prohibits the possession, manufacture or distribution of child pornography.

While the U.S. Supreme Court has held that private possession of “obscene material” cannot be forbidden and is considered protected speech and included an objective analysis as to whether material is obscene or not….that analysis was related to adult pornography only…not child pornography.

The Supreme Court has held that Child pornography is not protected speech under the 1st Amendment and is therefore not subject to obscenity analysis. The Court held that the compelling state interest in preventing the sexual abuse of children involved in producing child pornography justified banning child pornography altogether.

For Constitutional purposes, child pornography is defined as “works that visually depict sexual conduct by children below a specified age.” The possession and viewing of child pornography are not entitled to 1st Amendment protection because the government has a compelling interest in protecting the physical and psychological well being of the exploited minors.

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

Federal law prohibits the possession, manufacture or distribution of child pornography, and the sentences are very harsh…ranging in some cases from a mandatory minimum of 5 years imprisonment to a maximum of 20 years along with lifetime sex offender registration. However, with proper legal counsel from an experienced Federal crimes attorney, there may be a [...]

Earlier this month a Lake Forest man, who had been convicted for possessing child pornography appeared in federal court to face similar charges, after witnesses allegedly spotted him viewing pornography at a local library. David Lavern Paine, 68, was ordered to be held without bond after appearing in a federal court, where he faces charges [...]

A forty-seven year old University of Utah professor of science and engineering declared his innocence in a Massachusetts’ court hearing on allegations of viewing child pornography. The professor allegedly viewed what appeared to be images of young girls, nude or performing sex acts while on a flight from Salt Lake City to Boston. Other passengers [...]

Maybe; the answer to your question will depend upon the specific facts of your case. In order to sustain a conviction for distributing child pornography under California law, the prosecution must prove beyond a reasonable doubt that you knowingly and intentionally distributed images or videos of child pornography. The most common charges of distributing child pornography [...]

California law prohibits any person from possessing any electronic image that depicts a child under the age of 18 engaging in or simulating sexual conduct.  Possession of child pornography is a wobber, which means the prosecuting agency has the discretion to charge you with a felony or a misdemeanor.  If charged as a felony, you [...]

A Marine was arrested and charged with  receiving child pornography in California after returning on military orders from Afghanistan to Camp Pendleton in San Diego. The Naval Criminal Investigative Service interviewed the marine in Afghanistan and with the orders of the camp commander, he was returned to Camp Pendleton. According to media sources, the accused [...]

In California, Penal Code 311 prohibits possession or distribution of child pornography. Child pornography is defined as obscene matter depicting a person under the age of 18 years personally engaging in sexual conduct, which is usually includes nude photos of minors or video of minors engaging in sexual acts with one another or with other [...]