Across the country, child pornography offenses are outlined perfectly clear in the criminal statutes imposing fines, prison time, and other punishments for endangering the welfare of a child. In broader terms, child pornography convictions are divided up into a few categories and they are possession, distribution, and production. A Manhattan beach child pornography victim attorney from Okabe & Haushalter can protect your child’s rights.
In the state of California, possession of child pornography is an offense that carries potential penalties of anywhere from 3-5 years in prison and a hefty fine. These charges are typically based on possession of an actual image that depicts the sexual exploitation or abuse of a minor. It involves:
Under the California statute, it states that if you did not reasonably know you were in possession of a pornographic image that depicts a minor engaging in sexual activities you are not guilty of the offense.
When it comes to the distribution of child pornography, that again is another offense. Depending on which state the conviction occurs in will determine how long one will be in prison and what kind of fine they will have to pay. Child pornography prosecutors can pursue distribution charges against anyone who:
In regards to file sharing, prosecutors do not have anything to prove if files were actually downloaded. They do not have to prove that you were aware the files were available for download either.
Child pornography production charges are either first or second-degree offenses. For first-degree offenses, the convicted has committed a crime if they caused or permitted a child to engage in a sexual act if they know, have reason to know, or intend the act to be photographed, filmed, reproduced, or reconstructed in any way. Meanwhile, second-degree offenses involve a person committing a crime by photographing or filming a child in a sexual act with the intention to reproduce or reconstruct the image.
As it pertains to the federal government, they are permitted to pursue child pornography charges under a wide range of statutes. Under one section, it mentions that child pornography is a felony offense accompanied by 15 to 30 years in prison for only a first offense. Other federal laws apply to the possession, distribution, and importation of child pornography.
If you or someone you know have been the victim of child pornography, you need the trusted support of Okabe & Haushalter today. Our Manhattan Beach child pornography victim attorneys are highly qualified and skilled to show up and represent all of our clients in the best way possible. Be sure to visit our website and fill out a form detailing your case. From there, we assign our expert attorneys to your claim and fight for the justice you rightfully deserve. Call our office at 310-430-7799 to schedule a consultation today.