Viewing and possession are two forms of access. Viewing refers to the accessing of illegal material online or on a device, whereas possession requires the person to have some measure of control over the illegal material, for example, by saving or storing it. In some cases, a person may view content without ever downloading it. The law treats possession as a more severe offense than viewing, because possession involves a conscious and deliberate act.
Irvine Child Pornography Lawyer
Child Pornography Attorney In Irvine, CA
Child pornography crimes are some of the most serious crimes that a person can be accused of. Even a sole accusation or suspicion can lead to significant reputational damage and strained relationships. If convicted, the charges can have lifelong consequences. An Irvine child pornography lawyer can help you fight for your reputation, rights, and future.
About Goodman Criminal Litigation
An Irvine criminal defense lawyer at Goodman Criminal Litigation is dedicated to defending those accused of serious offenses such as solicitation of a minor. We offer knowledgeable and aggressive representation throughout all stages of the legal proceedings.
Experienced in both criminal and sex offense cases, Attorney Jacqueline Goodman understands the nature and severity of the charges. We represent clients throughout the local courts, including those in the North Justice Center in Fullerton. The Law Offices of Jacqueline Goodman goal is to protect your rights, reduce penalties, and help preserve your future.
Ready to defend your rights? Schedule your consultation with our child pornography attorney in Orange County at 714-879-5770!
Renowned Success Rate
Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard.
Understanding Child Pornography Laws
Child pornography involves possessing, viewing, or distributing content that depicts minors engaged in sexual acts. These cases can be complex, as they often involve internet transmission that crosses geographical boundaries. There are federal laws in place that cover child pornography, including 18 U.S.C. §§ 2251, 2252, and 2252A, which cover child sexual abuse material production as well as its possession, distribution, and reception.
Downloads from peer-to-peer and cloud storage are illegal, making them federal offenses since the data is electronically transferred across state lines. These are typically enforced by federal law enforcement agencies.
Defendants who were found guilty of possessing child pornography were sentenced to an average of 79 months in prison. The conviction records showed that 74.4% of the convicted received no mandatory minimums, and their average sentence was 62 months.
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Sentencing Guidelines and Child Pornography Penalties
The U.S. Sentencing Guidelines specify offense levels based on, among other factors, the number of images involved, whether a computer was used, and whether distribution to others occurred. Enhancements can quickly result in guideline ranges involving double-digit numbers of years. Some enhancements include having a large amount of images or videos, using the material for profit, using threats or coercion, and having prior convictions.
For example, possession alone can result in a guideline range of 5 to 10 years in prison. Sentences for producing child pornography are likely to be 15 years or more. In addition to facing these or other criminal consequences, an offender may be subject to one or more of various collateral consequences as well, such as:
- Registration as a sex offender, sometimes for life
- Loss of professional licenses
- Restrictions on where you can live, work, and travel
- Losing custody of your children
- Restrictions on your internet usage
- Reputational damage
An Irvine child pornography attorney can help fight for your rights and build an appropriate defense to attempt to mitigate these penalties.
Defenses Against Child Pornography Charges
When defending against child pornography charges, an attorney typically looks at the specific facts of the case to build an appropriate defense. Some common defense strategies include:
- Lack of intent: One possible defense is a lack of knowledge or intent regarding the material in question. With the widespread use of digital files, it’s possible for someone’s computer to download illegal material without their knowledge. Malware, spam email, or embedded links in legitimate websites may all be sources of unexpected downloads.
- Lack of sufficient evidence: The prosecutor must be able to demonstrate “beyond a reasonable doubt” that a person knowingly viewed, possessed, or distributed child pornography. The alleged owner of the device in question may not be the one who stored the material, especially in cases where the account is shared.
- Entrapment: Entrapment is a defense where an officer or agency induces someone to commit a crime when they otherwise would not have. Law enforcement sting operations and undercover work risk exceeding legal boundaries and may lead to entrapment defenses when honest individuals are unjustly prosecuted.
- Illegal search and seizure: The Fourth Amendment right against illegal search and seizure can be a useful defense. When officers search devices beyond what their warrant permits, they conduct searches without proper legal authorization. A motion to suppress evidence obtained illegally can result in reduced charges or the dismissal of the case.
- Inaccurate depiction of age or consent: The material in question may not actually be child pornography under the law, or the apparent age of a depicted individual may be inaccurate. A forensic review of images or videos can identify errors in either of these areas, potentially resulting in reduced charges or case dismissal.
- Mistaken identity or identity theft: In an era of cybercrime, it’s possible for someone else to have gained access to the defendant’s electronic device or user account. Proving that someone else was using the device without permission or had hacked into an account can establish reasonable doubt.
How Investigations Are Conducted
Investigations into child pornography in California can be complex and heavily rely on digital evidence. Law enforcement frequently monitors online activity, including peer-to-peer file-sharing networks and social media platforms, to detect and track illegal behavior. Law enforcement agents disguise themselves as minors or individuals distributing illegal content to find suspects.
Law enforcement obtains search warrants to confiscate electronic devices, which undergo detailed forensic scrutiny. The methods used to detect criminals risk causing false accusations against innocent people who share a device at home or who unknowingly have malware that downloads illicit files.
Because investigations often involve federal agencies as well as local law enforcement, they can be aggressive. Defendants should not speak with law enforcement without first consulting an attorney.
What to Do if Charged With Child Pornography
Being arrested for child pornography in Irvine is a frightening experience, and the actions you take in the immediate aftermath of the arrest can have a large impact on your case. The initial, most important thing to do is not to panic or try to explain yourself to the investigators. Remember that anything you say to them can and will be used against you at a later date.
Do not delete any files or attempt to wipe any computer or electronic device, as these actions can be interpreted as evidence destruction and may only exacerbate the situation. Hire a child pornography lawyer right away. Your attorney can go over the facts of the arrest with you, determine whether your rights were violated, and, if the search and seizure was legal. An attorney can start building your defense based on the facts of your specific case.
Hire a Child Pornography Lawyer
Penalties for child pornography charges are some of the most severe in California law. Accused individuals face long prison sentences, mandatory sex offender registration, and strict limits on future employment and housing. A conviction can also harm family relationships and irreparably damage your reputation.
Legal representation provides your strongest defense against a child pornography charge. An experienced defense attorney is familiar with the technical aspects of digital evidence, as well as the legal standards prosecutors must adhere to. Defense attorneys can evaluate the validity of forensic reports while examining the adherence of search warrants and work with prosecutors to reduce charges and explore alternative sentencing options.
Above all, an attorney can guide and advocate for you throughout the process, helping you tell your story and assert your rights.
CHILD PORNOGRAPHY LAWS FAQ'S
Irvine, CA
Contact Goodman Criminal Litigation Today
Being charged with child pornography is a serious matter. It’s important that you do not handle this legal process alone. Goodman Criminal Litigation can help you. Contact us today to begin fighting for your future.