Los Angeles Child Pornography Defense Attorney
Anyone facing a wrongful charge of child pornography requires reliable legal counsel. If you are fighting child pornography charges, talk to our team.
The advent of the internet made sharing information across the world much easier, but one of the unfortunate aspects of this capability is the internet has enabled the proliferation of child pornography. The Federal Bureau of Investigation (FBI) tracks arrests and convictions pertaining to child pornography, and recent reports indicate staggering numbers of offenses across the United States.
Child Pornography on the Dark Web
FBI investigators track internet traffic on dark web networks such as Tor, an untraceable internet browsing network that allows users to search for and consume digital content without fear of law enforcement tracing their connections. The dark web and some private social media networks are common hubs for the distribution of child pornography, which the state of California defines as any type of imagery depicting children in sexual situations or as subject to violent sexual abuse. The FBI estimates that more than 1.3 million such images existed on the Tor browsing network in 2016 alone, and the agency continues to track content on the dark web to identify victims and bring perpetrators to justice.
The FBI coordinates investigations and stings of child pornography networks with the Violent Crimes Against Children program. This program aims to reduce the number of children subjected to abuse for the purposes of production and distribution of child pornography. The agency tracks peer-to-peer file transferring services and networks to trace child pornographers, and there is a Child Exploitation Task Force in every FBI field office. Roughly 400 other law enforcement agencies across the country coordinate with the FBI’s task forces and the National Center for Missing and Exploited Children to prevent crimes against children.
Punishments for Child Pornography Convictions in California
Chapter 5, Section 288.2 of the California Penal Code outlines the definitions of child pornography in the state and the punishments for convictions. The creation, publication, or distribution of any material depicting minors in sexual situations will result in child pornography charges, and the type of activity depicted determines the punishments. Sexual imagery that does not depict minors engaged in sexual conduct will result in a felony conviction, punishable by up to one year in country prison or 16 months to three years in state prison. More graphic depictions will result in felony charges and up to one year in county jail or up to five years in state prison.
An individual who possesses sexual imagery depicting persons under the age of 18 cannot use unknown age as a viable defense. For example, defendants accused of possessing sexual imagery of a 16-year-old cannot claim they assumed the child was over 18 as a viable defense.
Legal Defense for Wrongful Charges
There are many negative social stigmas surrounding child pornography. Law enforcement cracks down on child pornography because it encourages the practice of harming and exploiting children to satisfy the sexual desires of those who would consume such material. A wrongful charge of distributing or possessing child pornography can seriously impact the accused in many ways, including employment, schooling, standing in the community, and criminal charges.
The Hurwitz Law Group is an experienced team of attorneys who have handled all types of criminal defense cases in the Los Angeles area, and our high success rate is due to our commitment to protecting our clients’ rights in a variety of criminal defense scenarios. Anyone in need of a Los Angeles child pornography lawyer can contact the Hurwitz Law Group to schedule a consultation. We can review the charges against you to let you know what to expect.