Vista Child Pornography ATTORNEY:
Internet Sex Crimes

In California, the law only makes nude images or videos of minors illegal if the minor is engaged in sexual conduct. Sexual conduct can occur in the absence of penetration if the image is intended to sexually stimulate the viewer. It is also illegal even a sexual act between minors in simulated. At least one real child who is actually under 18 must be depicted for a person to be guilty of production, possession or distribution.Parents should not be concerned with innocent photos of their children, nor should those who possess materials that were created and shared for scientific or educational purposes. However, it is worth mentioning that teens have been charged for taking and sexting explicit pictures to each other.Child pornography charges are incredibly serious and can ruin your reputation in the community even if you are not convicted. These accusations should never be faced without the help of a Vista child pornography attorney. It is critical you contact a criminal defense lawyer as soon as you are aware of any police investigation or as soon as the victim or police contact you about this matter.

Child Pornography Possession

While possession of child pornography seems like a straight forward charge, it’s worth mentioning that the law is very strict and many teens have been charged for receiving pictures of their boyfriend or girlfriend  -even if though they are both under 18.

Unfortunately, with today’s technologies, it is all too common for people to receive unwanted images or videos depicting minors in sexual situations. If you inadvertently receive explicit content depicting someone you believe to be under 18, the best course of action is to speak to an attorney before bringing them to the attention of the police of FBI, including detailed information on how you received the content.If you do not want to contact authorities or a lawyer, it is best to delete the material immediately. Knowing about the content and holding on to it could serve as evidence that you wanted to be in possession of the content.

In some cases, it’s possible you may even unknowingly download sexual images or videos of someone under 18 in peer-to-peer networks without knowing that you downloaded it. Alternatively, some people have had their computers be infected with viruses that download and then share this type of content without their knowledge. The good news is that while intent doesn’t matter when sharing this material, knowledge does matter, so if your child porn lawyer can show there is insufficient proof that you were aware of the content, you cannot be convicted.

If you believe you may be suspected of any of these crimes, it is critical you call a lawyer as soon as possible to protect your rights. This is particularly true when it comes to the search and seizure of your home and electronic devices such as cell phones and computers. Your attorney can ensure any police searches are performed legally and that if your rights are violated, that the related evidence will be withheld from your trial.It is worth recognizing that while many people are not aware of it, the police do need a warrant to search your cell phone, but only if it is locked. So always use a lockscreen on your phone and insist police present a warrant before agreeing to unlock the device.

It’s also worth mentioning that some people believe they are protected from computer crime investigations as long as they use a private browser, but this is not enough to keep evidence of illegal activities. On the other hand, your IP address alone is not enough to convict you of a computer crime as it is all too common for people to share IP addresses and just because police and prosecutors get a warrant to seize your cell phone or computer does not mean they will find evidence of a crime.

Even if illegal material was found on your computer, it does not necessarily mean you were the one who downloaded it or that you even knew it was there. Guest users and viruses can download files without the owner of the device’s knowledge.

Remember, the prosecution must prove you guilty beyond a reasonable doubt, which is why they will collect all the evidence they can to make their case against you as strong as possible. Because child pornography crimes in San Diego County so often involve cell phones, computers and other digital files, it is critical you work with an attorney with experience in complex digital crimes.

Child pornography cases may be charged as a felony or misdemeanor depending on the specific details of the situation. Those convicted of a misdemeanor may face up to one year in jail, whereas those convicted of a felony may face up to eight years in a state prison, although you could also face enhanced penalties if the minors depicted were prepubescent, if the content showed penetration or if you were found to be in possession of a large quantity of these materials.

If you are convicted of possession or distribution of child pornography, you will not only face incarceration and large fines, but you will also be forced to register as a sex offender. Your family life may also be destroyed since you could also lose the right to see your children or be in the presence of children. Penalties for even a first-time charge can be life-changing. In fact, just the accusation of such crimes can ruin your reputation and may ruin your relationships with neighbors, friends, family members and business associates.

As a Vista child pornography attorney and a graduate of the University of California, Berkeley Law School, I have tried over 100 criminal jury trials and personally represent every client that comes through my office. I have 35 years of experience successfully defending people arrested in San Diego County for sex offenses on the internet, including meeting a minor and child pornography. I have defended many clients whose offense was a potential “third strike” under the three-strikes law. If you or someone in your family has been arrested for an internet sex offense, please call to learn how I can help you. My law offices have free parking, are located right across the street from the Vista courthouse and jail, and offer 24-hour in-person answering services with an immediate, courteous response. I provide top quality representation for a reasonable fee, offer free initial consultations, and accept all major credit cards.