Child Pornography Articles

Sex Crimes Defense Orange County Wallin & Klarich

Federal Court Grants Significant Downward Departure In Child Pornography Sentencing

Federal Court Grants Significant Downward Departure In Child Pornography Sentencing A Wallin and Klarich client was sentenced this week after pleading guilty to the distribution of child pornography.  In addition to the penalties for distributing the materials, the client was facing enhancements for possessing approximately 700 images and 1,000 videos, distributing materials in exchange for something of value, and possessing sadistic images.  The sentencing guidelines in federal court for child…

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Know your rights: Child Pornography Cases & Warrantless Searches

Know your rights: Child Pornography Cases & Warrantless Searches A conviction for a sex crime can have devastating and lasting effects on the accused. Because of this daunting reality, sex based crimes require a law firm that will be willing to provide you or a loved one with zealous legal  representation. Specifically, child pornography cases are extremely serious and require representation by a law firm that is very familiar with…

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Mandatory Reporters Required to Report Suspected Child Pornography Activity

Some laws exist to protect those who need the most protection. That is why there are laws designed to protect the elderly, the disabled and children. Violations of those laws are generally punished severely. The goal of protecting children is so important that California and many other states have designated certain professions as “mandatory reporters,” meaning that if a person in that job role suspects certain crimes have been committed,…

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Can Minors Be Convicted of Possessing or Distributing Child Pornography?

Parents in the 21st century know the debate well: Do you give your child a smartphone at a young age? On one hand, you will be able to reach your child and your child will be able to reach you at all times. On the other hand, your child could now have access to things you do not want him or her to have access to. One of those things…

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Why the First Amendment has No Bearing on Child Pornography Cases

Is it art or is it illegal? That is the central question behind many of the cases involving pornography that have made their way to the Supreme Court in the last century. In many cases, a person charged with a crime involving pornography has been able to use the First Amendment freedom of expression as a legal defense. The basic principal behind the argument is that if the material has…

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child pornography defense

Legal Defenses to Distribution of Child Pornography Charges (PC 311.1(a))

If you knowingly distribute, possess, produce, publicize, duplicate, sell or print child pornography in any form – including over the internet – you could be charged with a distribution of child pornography under California Penal Code Section 311.1(a). In order to convict you of distributing child pornography under PC 311.1(a), the prosecution must prove the following: You knowingly committed the act of distributing, possessing, producing, publishing, duplicating, selling or printing…

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Take a Selfie, Go to Jail for Child Pornography? (PC 311)

If you have any experience with social media, you have no doubt seen or taken a selfie. According to Google, Google Photos users uploaded more than 24 billion selfies in 2015, and that is just one of hundreds of ways to take selfies. However, the ability to share images so easily also causes people to unknowingly commit crimes. And when you share selfies with minors, one crime you could be…

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Child Pornography and the Age of Consent (PC 311)

In this country, there are many different sets of laws, and it can be difficult to understand which laws you must obey in a particular circumstance. For instance, each state has its own set of laws, which means laws can differ state to state. It may be legal for minors age 16 to consent to sex in Washington, while California’s age of consent is 18. There are also federal laws…

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Can You Be Charged with a Child Pornography Crime if You Thought the Images Depicted Adults? (PC 311.11)

You could be charged with a serious crime if you own, send or simply view child pornography. A conviction for a child pornography crime could impact you for the rest of your life. But what happens if you did not know you were viewing images of child pornography? If you thought the pornographic material you were watching depicted adults 18 years of age or older, you may have a valid…

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Can You Be Charged with a Child Pornography Crime for Watching Anime?

One of the core principles of our justice system is to protect children from sexual abuse. For this reason, laws severely punish those who produce, distribute, and possess child pornography. Most people are aware of these laws, but many people do not realize that cartoons, drawings, and animated depictions – including anime movies and manga comics or novels – of children engaged in sexual activity are also considered child pornography,…

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