Child Pornography—Penal Code 311, 311.3 & 311.11

San Diego Criminal Defense Lawyer Explains Child Pornography Laws in California:

Lounsbery Law Office, PC is experienced in representing individuals accused of possessing child pornography. We have successfully fought the allegations against our clients in the past and can do so for you.

These charges usually result from a search of someone’s computer. Computer repair technicians who find what appear to be child pornography on a computer will often call law enforcement. This call leads to a warrant and a forensic search of the computer’s hard drive by law enforcement. It is common for local agencies to enlist the assistance of federal authorities. San Diego prosecutors use the FBI’s Regional Computer Forensics Laboratory (RCFL) when investigating child pornography charges. At the same time, RCFL sometimes employs local law enforcement officers as well.

Free Consultation with San Diego Child Pornography Defense Attorney

There are numerous strategies that can be used to fight child pornography charges:

  • Lack of Knowledge. It is not uncommon for men accused of this crime to have a great deal of adult pornography on their computers. Child pornography is frequently obtained via p2p file-sharing programs such as LimeWire. A savvy El Cajon child pornography attorney looks for evidence that his client had no knowledge that the child pornography was on his computer.
  • Multiple Computer Users. It is not uncommon for multiple people in one household to share a computer. When this happens, it may prove more difficult to prove who obtained and looked at the photographs and/or video than law enforcement officers would like to believe. Child pornography detectives are prone to jump to conclusions and miss evidence that would exonerate an accused. At Lounsbery Law Office, PC, we work tirelessly to find the evidence that will support our client’s case.
  • Photographs/Video Do Not Depict Children. A photograph or video cannot be classified as child pornography if it does not depict actual children. It is not uncommon for adults in the pornography to maintain their bodies in such a way that they appear to be children. However, a picture of person who looks to be under 18 years old but is actually an adult cannot form the basis of a criminal charge. Prosecutors attempt to use nurses (experts) who will guess as to a person’s age based on the “Tanner Scale.” You need an attorney who has the knowledge to attack the nurse’s opinion. Every website that depicts “sexually explicit conduct” is required by federal law to “create and maintain individually identifiable records pertaining to every performer” on the website. (See 18 U.S.C. 2257 Record Keeping Requirements) Each website subject to this federal law has on its website contact information so that you can obtain a copy of the website’s “Compliance Statement” with this federal law. The purpose of the law is to require each website to be able to prove that the individuals on its site are adults. With this information, you should be able to strengthen your defense.
  • Photographs/Video Do Not Depict Pornography. Pornography includes photographs and videos that depict people in sexual scenarios. A picture of a naked child is not pornography if it is not sexual in any way. Hence, parents do not violate the law when they have a picture of their naked baby in the bathtub. One way to defend yourself against child pornography charges is to show that none of the pictures or videos contain children in sexually-related poses or performing sex acts.

To carry out any of these defense strategies, you must have an expert forensics examiner working for you, and only a knowledgeable and experienced El Cajon child pornography lawyer will know how to work well with such an expert. Lounsbery Law Office, PC has worked on San Diego child pornography cases where cutting-edge technology has successfully been used by our experts-some of the most respected and accomplished experts in the field. You cannot afford to hire an attorney who has not successfully represented clients against San Diego child pornography charges in the past.  The same is true of all sex crimes.

Help us win your case by completing 8 homework assignments. To speak with San Diego and El Cajon child pornography attorney Tate R. Lounsbery today about your case, call 619-792-1451 or send us an email.  Learn more at our sex crimes page.