San Diego Criminal Defense Attorney, Stacie Patterson
Child Pornography Defense
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Summary: Congress enacted SORNA and Californian's voted for Jessica's law, both of which increase the severity of the consequences of a child pornography conviction. Whether possession of pornography is charged in federal or state court, in addition to facing a substantial prison sentence, defendants are often ordered to wear a GPS bracelet, register as a Sex Offender for the rest of his life and stay away from children.
Both state and
federal law enforcement officials have begun to vigorously prosecute the
possession of child pornography. Individuals who received the illegal
pornography are often aggressively prosecuted even though they did not
distribute the pornography or contact any live minors.
In San Diego there is a joint task force between federal and local law enforcement officers to investigate child pornography. Once evidence of a crime has been discovered law enforcement officials determine whether to file charges and if so, whether to file them in state or federal court.
In San Diego there is a joint task force between federal and local law enforcement officers to investigate child pornography. Once evidence of a crime has been discovered law enforcement officials determine whether to file charges and if so, whether to file them in state or federal court.
Even
if the defendant does not have any criminal history, federal charges
can result in a sentence of many years in prison. For instance, each
charge for receipt and/or distribution of child pornography, in
violation of 18 U.S.C. § 2252(a)(2), may
carry a minimum of 5 years and a maximum of 20 years. A lesser charge
of possession of images of minors engaged in sexually explicit conduct
in violation of 18 U.S.C. §2252(a)(4)(B) carries a maximum of 10 years
in custody.
In
California state court, possession of child pornography can be
prosecuted as a misdemeanor or felony. (Penal Code section 311.11). If
it is charged as a misdemeanor, the maximum punishment is one year.
The maximum punishment for a felony is three years in prison.
Congress
enacted SORNA and Californian's voted for Jessica's law, both of which
increase the severity of the consequences of a child pornography
conviction. Whether possession of pornography is charged in federal or
state court, in addition to facing a substantial prison sentence,
defendants are often ordered to wear a GPS bracelet, register as a Sex
Offender for the rest of his life and stay away from children.
Defendants may be ordered to participate in Sex Offender mental health
treatment, submit to polygraphs, submit to searches, and not use
computers or the internet.
It
is important to have experienced criminal defense counsel available to
fight the allegations, move to suppress illegally obtained evidence, or
argue for the lowest sentence possible.
If you or a family member is under investigation for possession of child pornography, contact Stacie L. Patterson (619) 269-8074.
