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 stem from internet activities in which the user utilizes a file-sharing program such as LimeWire to access and share child pornography images and videos with other users.

In cases in which the prosecution intends to introduce evidence of you distributing child pornography based on your internet activities, online chats, email exchanges and from evidence seized from your computer, you’ll need the expertise of a skilled criminal defense child pornography attorney to advocate your position. When you retain Wallin & Klarich to defend you from these serious charges, we can argue for a dismissal of distribution charges based upon these legal arguments:

1)    That any possible illegal images or files were not stored on a peer-to-peer computer network site (such as LimeWire), OR
2)    That any possible illegal images or files, while stored on a peer-to-peer computer network site (such as LimeWire), were not accessible to others for viewing/downloading purposes because the user either manually prevented others from viewing his file folders or automatically configured his account to not share with others, OR
3)    That any possible illegal images or files were either unintentionally and/or unknowingly shared with others on a peer-to-peer computer network site.

Below are a few examples of when a court found that the defendant distributed child pornography images and/or videos:
1)    The defendant used LimeWire to actively share child pornography photos and files with other users and freely chatted about his fantasies with other online users.
2)    The defendant used LimeWire to view and download child pornography images and files, but didn’t actively share those images and files with others. However, the defendant was aware that others had access to and could easily download the images and files from his account.

Below are a few examples of when a court did not find that the defendant distributed child pornography images and/or videos:
1)    The defendant used LimeWire to view and download child pornography images and videos, but manually configured his account to specifically not allow others to view his files and images.
2)    The defendant lacked either knowledge or the intent to distribute child pornography images and files with others online.

To ensure that you have the best possible chance of prevailing against the state when your freedom and liberty is at stake, you need the legal expertise of an aggressive and skilled sex crimes criminal defense attorney. At Wallin & Klarich, our attorneys have zealously represented our clients on all types of criminal defense matters for over 30 years and can help you achieve the best possible outcome in your matter. Call us today at (877) 466-5245 or visit us online at www.wksexcrimes.com. We will be there for you when you call.