If you have been accused of production, distribution, sale or possession of child pornography, you should be aware that these cases often carry enhanced sentences based on the specifics of your crime. Your Vista child pornography lawyer can tell you whether or not your case involves any of these enhancements, but so you are more familiar with the law, here are a few of the most common enhancements in these types of cases.
Prepubescent enhancements can be added to a case when the minor depicted in a piece of pornography is prepubescent, meaning he or she has not yet hit puberty. This sentence enhancement is particularly severe because the courts deem anyone under the age of 13 to be below the age of understanding consent. This enhancement can generally be fought with the help of a top Vista child porn defense attorney because the children seen in most pornography cases are unknown, so their age is not clear. While the prosecution may argue that a child appears to be prepubescent based on certain factors, your defense lawyer can argue that puberty affects everyone differently -for example, some girls don’t develop breasts until they are 15 or 16, even if they started their period at 12 or 13.
Penetration enhancements, as you may surmise, involve child pornography that features sexual penetration of a body part or object. It is important to remember that many child porn cases may involve nothing more than an image of a nude minor, but they can also involve hardcore pornography. These cases carry enhanced penalties and should only be handled with a top Vista sex crimes defense lawyer at your side.
Quantity enhancements are applied when a defendant was in possession of a large quantity of these materials. Aside from facing an increased number of charges if you were found to be in possession of a large quantity of child pornography, you may also face enhanced sentencing for the charges.
All cases involving child pornography are serious, but if you are facing any of these enhancements, it is imperative you speak with a top Vista child pornography attorney as soon as possible. Call (760) 643-4050 today to schedule a free initial consultation with Peter M. Liss.
Creative Commons Image by Javier Carcamo
