Actual Case #1
In People v. Shamus M. - Case No. 7PS60546-02, my client was accused of possessing child pornography on his home computer. See what happened is that the Monrovia Police Department received a tip that someone at the home of my client was downloading mass quantities of child sex images onto their home computer. The problem is that more than one person lived at the home and everyone had their own computer. So the police raided the home of my client, arrested everyone there, conducted forensics of my clients computer and observed what the determined to be child pornography. After repeated requests to compel the not so bright Deputy District Attorney to turn over these alleged pornographic images I was forced to request a meeting with the D.A. and the Investigating Officer at the Monrovia Police Department. When I was finally able to physically observe these images I laughed out loud (LOL). It was obvious the pornography that the police and the prosecutor recovered from my clients computer was LEGAL ADULT pornography. One of the images had a domain name or website superimposed on the image. I challenged the Detective right there to access the website in front of me and the prosecutor. He refused. Outcome: The case was dismissed on the next court date.
THE LAW
Sex Crimes & Child Pornography
Child pornography can be defined as any media that involves a minor engaging in any kind of sexually explicit activity. California law prohibits any simulation of sexual activity that is performed by a distinguishable minor. In California there are many laws prohibiting the sexual exploitation of a child and any violation of these laws is often criminalized as child abuse. These crimes are typically filed as felonies however few may be charged as misdemeanors. Sexual conduct involving a child includes any form of intercourse, penetration, masturbation, voyeurism, exhibitionism and more. Should a conviction occur, part of the mandatory sentencing in this area is Sex Offender Registration for Life. Which is why it is important to retain Jeff Voll as your lawyer as he will fight to save your reputation and freedom from these types of charges.
Penalties and Sentencing
The penalties for violating California child pornography laws can be severe. Factors that affect sentencing are the specific offense that one is charged with, ones criminal history or RAP sheet, and whether or not one is charged with a federal or state crime. Child pornography offenses are usually filed as felonies, however some of them can be charged as misdemeanors. If charged with a misdemeanor, fines could be imposed of up to $2,500 and a jail sentence imposed of up to one year in County Jail. If one is convicted of a felony Child Pornography charge fines of up to $100,000 could be imposed and a State Prison sentence of 16 months to 8 years is possible.
Common Defenses of Child Pornography
1) I was not aware of child pornography on my computer. The information stored on my computer is not in a way that I would have stored knowingly. Example a computer virus injected the information into my computer.
2) I did not realize the images found were child pornography.
Whatever your defense maybe a child pornography charge is very serious. It carries severe penalty if convicted. In some cases you could be facing 5 – 50 years or life in prison if you are a repeat offender.
What You Should Do If You Are Being Charged?
1) Contact the Law Offices of Jeff Voll. Jeff Voll has handled child pornography cases and recommends you contact someone who has experience. Working previously as a Los Angeles County Deputy Public Defender from 2001 - 2004 and since 2004 as a private criminal defense attorney has earned him the experience needed to defend these types of cases.
2) Do not talk to law enforcement.
3) A free consultation will be offered directly with Jeff Voll. I will NOT discuss your matter over the phone. It is imperative that you come into my office to speak about your case confidentially.
What You Need To Know About Federal Child Pornography Charges
- 90% of people who are charged with child porn plead guilty.
- Majority of cases that go trial end in a conviction.
- Conviction of Felony child pornography carries a 5 year mandatory minimum prison sentence.
- Enhancements based on how many images you have and types of images can also increase the sentencing guidelines.
- The use of internet & computers can also increase the enhancement.
What Are The Key Elements of a Federal Child Pornography Charge
Let's remember there are key elements the prosecution must present in your case to convict you of possession of child pornography.
Examples are when a person
1. knowingly possess child pornography
2. contains child pornography
3. and pornographic images or videos moved through interstate commerce, or was made by using devices that moved in interstate commerce
When the prosecutor can prove these elements they will ask the jury to find the person guilty of child pornography possession.
