Child Pornography Possession Articles
6 Lesser Known Ways You Can Be Found in Possession of Child Pornography
When someone is charged with a child pornography crime, the case becomes a top story in the news. However, many news outlets leave out the details of how a person was caught with child pornography. Many times, a child pornography case involves something other than simply “looking at child porn on the Internet.” The following are six lesser known ways you can be found in possession of child pornography... 1.…
Read MoreWhat are the Differences Between a Federal and State Child Pornography Charge?
Being accused of a child pornography crime can adversely affect your job, personal life and standing in the community. If you are facing a federal charge, knowing the harsh penalties of a federal child pornography conviction can be stressful enough. If you or a loved one is facing a child pornography charge at a federal or state level, it is important to retain an experienced attorney who can help you…
Read MoreHow Can a Child Be Charged with Child Pornography? (California PC 311)
What Does “Child Pornography” Mean under California’s Laws? Ignorance of the law is generally not a defense to a criminal charge, but many people find themselves charged with crimes because they misunderstood the law. If you are not familiar with California’s child pornography laws, you might be confused about what exactly is considered illegal in the State of California. Any matter or material that depicts sexual conduct by a person…
Read MoreHow a Child Porn Conviction in Orange County Can Cost You Your Job (California Penal Code Section 311.11(a))
A report by the U.S. Justice Department in 2010 noted that the spread of child pornography is outpacing efforts to combat it given the advancement of technology. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor, and possessing such images can subject you to both federal and state penalties. Under U.S.C. § 2251 the possession, reception, distribution, or production of child pornography is…
Read MoreExpungement for Child Pornography in California No Longer Available but There’s Still Hope (Penal Code Section 1203.4)
When it comes to sex crimes, lawmakers haven’t shown the slightest interest in making life any easier for a registered sex offender. Now, expungement for child pornography convictions in California will no longer be available. Effective January 1, 2014, you are no longer permitted to expunge your record under Penal Code Section 1203.4 for any of the following crimes involving child pornography: Distributing or selling child pornography (Penal Code Sections…
Read MoreI am Accused of Possession of Child Pornography – What Do I Do? (PC 311)
You recently downloaded a pornographic film from what you believed was an adult-oriented website. While the persons in the film appeared youthful, you did not suspect that they were under 18 years of age. Now, you are being charged with possession of child pornography under California Penal Code section 311. If you are confronted with accusations of possession of child pornography, you need to immediately contact an aggressive child pornography…
Read MoreWill I Have To Register As A Sex Offender If I Am Convicted Of Possession Of Child Pornography? PC 311.11
Under California Penal Code section 311.11, it is illegal to knowingly possess or control any material that depicts a person under the age of 18 years engaging in or simulating sexual conduct. Any one who is convicted of violating Penal Code section 311.11 is guilty of a felony, which is punishable by up to 3 years in state prison or up to one year in county jail and a fine…
Read MoreThe First Amendment Has No Bearing in Child Pornography Cases
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…
Read MoreUnwittingly Downloading an Inappropriate Image Can Result in a Child Pornography Charge
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 way to avoid those types of serious consequences. The most common defense is “accidentally” downloading…
Read MoreLake Forest Man Back in Court on New Child Pornography Charges
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 of accessing child pornography at the Aliso Viejo Public Library. Some people called the police…
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