Okabe & Haushalter
Call Today! 310-543-7708
Call Today! 310-543-7708
Okabe & Haushalter

Palos Verdes Child Pornography Defense Attorney

Palos Verdes Child Pornography Defense Lawyer

Being accused of a crime related to child pornography is a daunting experience. The prospect of facing incarceration, fines, and mandatory sex offender registration can seem intimidating, not to mention the potential social ostracism you may face as a result of these allegations. However, facing a criminal offense does not mean that you lose your rights. You are innocent until proven guilty in the court of law, and you have the right to a legal defense. A good attorney can help you fight these charges in court. Contact a child pornography defense lawyer in Palos Verdes at Okabe and Haushalter if you are facing criminal charges related to child exploitation.

California child pornography laws

California defines child pornography as any materials (such as photos, videos, or digital media) depicting a person under the age of 18 engaged in sexual acts or in such a way as to elicit sexual gratification from the viewer of those materials. State laws governing child exploitation and child pornography are covered under California Penal Code Section 311. This part of the penal code states that possession, transport, distribution and sale of child pornography is unlawful and may be punished by fines, jail or prison time, and lifelong sex offender registration under Penal Code Section 290.

Differentiating between related offenses

Different types of child exploitation crimes carry different penalties. For example, persons who are alleged to have sold child pornography for the purposes of financial gain or for business purposes face very steep fines of up to 100,000 dollars and up to six years in a state penal institution, while simple possession of such materials could be punished by a year in a local jail and a fine not in excess of 2,500 dollars if convicted. However, all crimes related to child exploitation do call for compulsory sex offender registration as well.

Although rare, sometimes, law enforcement agencies will even trick suspects into downloading such materials. They may do so if they believe a suspect has downloaded child pornography in the past, but they lack the evidence necessary to prove their case. Inducing a suspect to download such materials under false pretenses makes their job easier at the expense of ethical behavior.

The Materials Don’t Qualify as Pornography

California’s child pornography laws play a very important role in protecting children from being victimized. That said, it is possible for there to sometimes be a gray area in which it is not immediately easy to determine whether certain materials are actually pornographic in nature.

Consider the example of educational videos for medical professionals. Although this is becoming less common in more recent years, in the past, such videos may have shown children in various stages of undress if doing so was necessary to demonstrate medical procedures or otherwise provide medical students with lessons that they would later on apply in a professional setting.

This is an example of a piece of content that could appear pornographic to some, while not necessarily qualifying as an actual example of pornography.

All that said, it is critical that you be entirely and thoroughly honest with your lawyer when discussing your case. Too many people accused of possessing or distributing child pornography make the mistake of lying to their attorneys in an attempt to convince them that they are innocent.

A Palos Verdes child pornography defense attorney can only serve your needs effectively if they have accurate information. Attempting to deceive your attorney may seem like a smart strategy now, but in the long run, you’ll only sabotage yourself if you lie.

Possible defenses for child pornography offenses

Every allegation comes about in a different way, but depending on the details of a specific case, there are several defense strategies that can be used to fight the charges against you. For example, if you were in possession of materials determined to be child exploitation but were unaware that the individuals depicted were below the age of legal majority or if the materials were obtained in order to be used for academic or research-related reasons, it is possible that charges could be dropped or reduced.

Other potential defenses a Palos Verdes child pornography defense attorney may employ in these circumstances include (but are not necessarily limited to) the following:

You Did Not Download or Access the Materials

In the digital age, many people who are accused of possessing child pornography are accused of possessing such materials on their computers and other digital devices. Unfortunately, while the Internet has yielded countless benefits, it has also allowed for easier distribution of and access to child pornography.

However, it’s worth noting that some people share their digital devices with others. Even if they are the primary owner of the device, they might allow someone else to use and access it.

For example, sometimes, a person will share their computer with a spouse or romantic partner. Perhaps they break up, but both members of the couple still have access to the same computer for a period of time. During such an emotionally fraught experience, some bitter individuals attempt to get revenge on their exes by downloading compromising materials onto their devices.

That’s just one potential scenario in which a person may have child pornography on their computer or phone without having actually downloaded themselves. The main point to keep in mind is that the fact that such materials are on your device does not mean you intentionally put them there.

You Didn’t Know What You Were Downloading

Child pornography is not always clearly and accurately labeled on the Internet. There have been instances when people accused of possessing child pornography accidentally downloaded such materials because improper labeling led them to believe they were downloading something else.

Although rare, sometimes, law enforcement agencies will even trick suspects into downloading such materials. They may do so if they believe a suspect has downloaded child pornography in the past, but they lack the evidence necessary to prove their case. Inducing a suspect to download such materials under false pretenses makes their job easier at the expense of ethical behavior.

The Materials Don’t Qualify as Pornography

California’s child pornography laws play a very important role in protecting children from being victimized. That said, it is possible for there to sometimes be a gray area in which it is not immediately easy to determine whether certain materials are actually pornographic in nature.

Consider the example of educational videos for medical professionals. Although this is becoming less common in more recent years, in the past, such videos may have shown children in various stages of undress if doing so was necessary to demonstrate medical procedures or otherwise provide medical students with lessons that they would later on apply in a professional setting.

This is an example of a piece of content that could appear pornographic to some, while not necessarily qualifying as an actual example of pornography.

All that said, it is critical that you be entirely and thoroughly honest with your lawyer when discussing your case. Too many people accused of possessing or distributing child pornography make the mistake of lying to their attorneys in an attempt to convince them that they are innocent.

A Palos Verdes child pornography defense attorney can only serve your needs effectively if they have accurate information. Attempting to deceive your attorney may seem like a smart strategy now, but in the long run, you’ll only sabotage yourself if you lie.

Okabe and Haushalter will fight for you in court

If you need a child pornography defense lawyer in Palos Verdes or anywhere else in the greater Los Angeles area, the attorneys at Okabe and Haushalter can assist you. We respect that every case is unique, and child pornography charges are serious, but our proven defense strategies can help to get your charges reduced or even thrown out entirely. We offer free consultations to all potential clients, so call today to learn more about how we can aid you with your defense case in court.