San Francisco Child Pornography Defense Lawyer
Former Prosecutors Now Defending You
An arrest and conviction of any crime associated with child pornography can destroy an individual's life. Reputation, relationships, career, indeed, a person's entire future can be ruined. California's has very tough laws prohibiting child pornography or the "sexual exploitation of a child." It is considered a form of child abuse. An accused person can take active steps to reduce the impact these charges. If you are accused of charges related to child pornography, consult a San Francisco child pornography attorney immediately.
Laws and penalties under California Penal Code 311 have broadened in the last decade to curtail and punish the use of computer technology and the internet for proliferation of child pornography. As a consequence, law enforcement agencies have set up "sting" type operations or busts to catch individuals online allegedly engaging in child pornography.
Internet pornography sting operations can lead to entrapment and often play a part in the arrest and conviction of individuals for sex crimes relating to child pornography. As a result, an entrapment defense can often be used to fight these types of charges. Even when entrapment by law enforcement has not played a part in an arrest, individuals can unknowingly download pornographic material due to spam, pop-ups and internet viruses. Charges of pornography possession may still be filed, however, whether or not downloading of the material was intentional.
Entrapment, mistake and, of course, innocence are only a few of the defenses that make any charge related to child pornography worth fighting. The law firm of Okabe & Haushalter are professionals who know all the defenses that will apply in your circumstances.
Defending Against Charges of Child Pornography
Led by former prosecutor, Ryan J. King, our aggressive team of legal professionals knows just because you are accused of a crime relating to child pornography does not mean you must be convicted.
Child Pornography Penalties
If you are convicted for violating a California child pornography law under Penal Code 311, you face a variety of penalties and sentencing depending on the offense for which you are charged, your criminal history, and whether you are charged with a state or federal crime. A significant penalty that makes it essential to fight this charge is lifetime registration as a sex offender. Read more about child pornography penalties...
Child Pornography Possession
Pornographic visual image types include: any photograph, video file and streaming video, images via webcam, digital image file, including sex-related, unsolicited emails or pop ups, electronic data, including sexting on cell phones or sexually explicit magazines. Click here to learn more about child pornography possession...
Child Pornography Videos
Under both federal and California state law, it is illegal to be involved in any manner with child pornography videos. Employing minors to participate in or help in production of child pornography is prohibited under Penal Code section 311.4 and a felony charge. We can assist you to defend against these charges. Click here to learn more about child pornography videos...
Production of Child Pornography
Production of material that depicts minors engaged in or simulating sexual conduct is punishable under California Penal Code 311. Neither a minor, nor his or her parents can legally consent to such participation in the production of child pornography. To fully understand your rights and your legal defenses, consult an attorney at our firm today. Read more about production of child pornography...
Sale of Child Pornography
Advertising and distributing, as well as selling child pornography are all crimes under California law. There are several defenses which can be employed. Understanding your particular circumstances will provide our firm with the best defense in your case. Click here to learn more about sale of child pornography...
Internet Pornography
As demand for the Internet has grown, so has demand that law enforcement make it safer to use. Both local law enforcement agencies and the FBI make Internet child porn "stings" a top priority. Overzealous law enforcement can entrap users, and this is a defense our firm will use to fight for your rights. Read more about Internet pornography...
Peer to Peer Sharing
Peer to peer sharing groups eliminate an Internet server and link their computers together. Law enforcement is infiltrating these groups who can be charged with crimes involving child pornography. We understand how law enforcement works to make charges against internet users and peer to peer sharing groups. Read more about peer to peer sharing...
Chat Rooms
Computer software is available that allows law enforcement to monitor online activity and identify the e-mail addresses of chat room contributors. Officers and agents go on-line and pose as people interested in child pornography. They enter chat rooms pretending to be kids interested in working in the porn industry. In this way they may entrap or involve you illegally. Read more about chat rooms...
Unsolicited Emails or Pop Ups
These are produced by creators of pornographic materials and sent out in mass emails, or pop up when you visit a particular site. Often times there are viruses you cannot control. Sometimes impossible to avoid, if opened, can be regarded by law enforcement as a breach of child pornography laws. These unsolicited emails or pop-ups are an excellent defense. Read more about unsolicited emails or pop-ups...
Penetration Enhancement
Penetration enhancement refers to the level of penalty enhancement in the sentencing of a person convicted of a crime. In 1978 Congress established a point system of a possible 43 levels which govern the sentence an individual receives. Sexual penetration of a child under age 16 has an enhancement level of 18. Read more about penetration enhancement...
Prepubescent Enhancement
Individuals charged for possession of child pornography in federal court face enhancement of penalties if the child is prepubescent or under the age of 12. This can mean the difference between probation or a mandatory jail sentence. We will defend against child pornography charges and penalty enhancements. Click here to learn more about prepubescent enhancement.
Quantity Enhancement
An individual charged with possession of child porn in federal court faces enhanced penalties based on the quantity of images found in their possession. It is important to contact our firm for the best defense of your particular circumstances. Read more about quantity enhancement...
Appeals
Judges, juries and prosecutors can error. Innocent California criminal defendants receive unfair sentences on a regular basis. Experienced trial attorneys can assist you on an appeal of your conviction a crime relating to child pornography. You have the right to appeal your conviction and sentence in California. Click here to read more about appeals...
We believe you are innocent until proven guilty, and will personally investigate your particular situation to ensure you aren't charged for a crime you didn't intend to commit. Contact a San Francisco child pornography attorney for personalized attention and commitment you can trust.