Can Possession of Adult Pornography Be Considered a Crime?
Can Possession of Adult Pornography Be Considered a Crime?
While most people know that child pornography is illegal, many are unaware that certain pornography involving adults can be unlawful as well. This occurs when pornography is deemed to constitute “obscene matter” under California Penal Code Section 311. Continue reading to learn when possession of adult pornography can be considered a crime. Definition of Obscene Matter (PC Section 311) According to PC Section 311, “obscene matter” is defined as matter…
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Sex Crime Charges After A Minor Lied About Their Age
Sex Crime Charges After A Minor Lied About Their Age If you met or engaged in sex with someone you thought was an adult, California prosecutors can still charge you with a sex crime, even if the minor lied about their age. What’s worse is that the U.S. Attorney General could also charge you with a federal sex crime. You could face thousands of dollars in fines, years behind bars,…
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3 Potential Defenses to Child Molestation Cases
3 Potential Defenses to Child Molestation Cases Child molestation is a very serious crime. Like all serious crimes, the repercussions of even being accused of such an act can be devastating. However, the good news is that in our country simply being accused of a crime doesn't mean you are guilty. A jury must find you guilty “beyond a reasonable doubt” because you are “presumed innocent until the contrary can…
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If The Trial Court Makes An Error, You Have A Good Shot At Having Your Conviction Reversed
If The Trial Court Makes An Error, You Have A Good Shot At Having Your Conviction Reversed If you or a loved one is convicted of a crime in California, it is critical you retain an experienced criminal appeals lawyer to try to obtain a new trial in the case. Many people are sentenced to prison for many years after being convicted of a serious crime. If the conviction is…
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Is the U.S. Government Required to Prove that a Victim Did Not Consent In Sex Crimes?
Is the U.S. Government Required to Prove that a Victim Did Not Consent In Sex Crimes? In U.S. v. Price, the defendant was on an overnight flight from Tokyo to Los Angeles. The defendant moved from his assigned seat to an open seat adjacent to the victim who was asleep and touched her genitals without her permission. The defendant appealed his conviction on the grounds that the government was required…
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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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Intent: The Key Element in a Lewd Acts with a Minor Case (PC 288)
Intent: The Key Element in a Lewd Acts with a Minor Case (PC 288) In many criminal cases, whether someone is guilty often comes down to intent – not whether the person intentionally committed an act, but what that person’s intentions were when he or she committed the act. One crime that requires the prosecution to show intent is lewd or lascivious acts with a minor. Under California Penal Code…
Read MoreHow Reliable are Sex Offender Registries?
How Reliable are Sex Offender Registries? Imagine you come home from work and turn on the local news. The station runs a story on a new mobile application that gives users information about registered sex offenders in the area. So, you download the app and search your area. To your shock, the app lists your address as the home of a sex offender. That is exactly what happened to Donald…
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