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SAN DIEGO CHILD PORNOGRAPHY LAWYER

Child pornography and distribution crimes are universally disparaged, but many people accused of child pornography crimes have not engaged in the stereotypically heinous activities that come to mind. Society automatically brands individuals charged with these kinds of sex crimes, which can tarnish a professional reputation or personal identity for years to come, if not a lifetime. Without fast and experienced legal guidance, a child pornography accusation or charge can have devastating effects on an individual’s life. Our San Diego criminal defense lawyers know that facing charges of any kind involving abuse or exploitation of children can destroy more than the life of the accused.

DEFINING CHILD PORNOGRAPHY CRIMES

Child pornography charges arise when law enforcement officers and investigators have reason to believe an individual possesses or intends to sell or distribute sexually explicit material featuring children under the age of 18. The list of material included under the law is exhaustive. Any visual content or verbal reference to visual content is eligible for use as evidence in child pornography cases. The sexually explicit materials do not have to show actual intercourse, however. Simulating the act is enough to constitute child pornography.

These types of crimes are considered felonies in the state of California. State charges may often coincide with federal charges and leave defendants facing years of imprisonment, registration as a sex offender, and steep fines.

DEFENDING AGAINST CHILD PORNOGRAPHY CRIMES

Although being accused of the crime may feel devastating, being charged with child pornography possession or distribution is not the end of the rope. There are several legitimate defenses that can be used to help individuals fight pornography charges and get their lives back. Some of the most common strategies include:

  • Lack of knowledge of the existence of material. If you were not aware of the material, then you cannot be held responsible for it. For instance, if someone borrowed your computer and used it for illicit activities or if you accepted a data file or CD without knowing that it contained child pornography, the prosecution may not be able to prove beyond reasonable doubt that you had knowledge of the content.
  • Lack of knowledge of the age of participants. It is not illegal to view or distribute pornographic material online. If you had reason to believe the content you circulated featured legal adults, and it was reasonable to believe so, you may not be held liable for possessing or distributing the content.
  • Illegal seizure. In some cases, the way in which law enforcement obtained the material may not be admissible in court. Warrants based on false information or that were otherwise illegally obtained are not admissible in court based on Fourth Amendment rights.
  • Lack of intent to consume child pornography. We all accidentally click on sites we did not intend at some point or other. Most are innocuous mistakes, but accidentally clicking on a link to child pornography could lead to an investigation. Forensic analyses can typically uncover whether a site visit was a mistake based on the time spent on the site. If you do accidentally uncover child pornography, you can report it to the National Center for Missing & Exploited Children.

These are only some of the potential defenses that could be used to exonerate you from possession and distribution charges. At The Law Office of George Gedulin in San Diego, we understand that mistakes happen and that child pornography can be unknowingly possessed or distributed. If you are being charged with a child pornography crime, you will need a strong legal advocate to protect your rights and future.

Our team, led by founding San Diego Criminal Defense Attorney George Gedulin, will visit clients in jail or prison. We are committed to fighting aggressively for our clients’ rights from the moment they reach out for help. For more information about how we can help you fight a child pornography accusation, contact us today.

Successful Defense Cases

  • 2 Years Jail. All Other Charges Dismissed. 16 Counts, Unlawful Sexual Intercourse with a Minor

    Client charged with multiple sexual assault offenses, facingĀ 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.

  • 2 Years in Jail. Remaining Charges Dismissed 24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000

    Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.

  • Dismissed with No Jail Time, Probation Only Assault with Deadly Weapon, Robbery, Burglary

    Client charged with multiple counts, potential 14 year sentence. Released with no custody.

  • Dismissed Charges Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence

    Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.

  • 30 Days Probation, Case Dismissed. Attempted Murder

    Client charged with Attempted Murder in connection with the death of her husband suffering from a fatal illness. Defense investigation revealed that statements of witnesses were unreliable and unfounded.

  • Case Dismissed Auto Insurance Fraud

    Naval Officer accused of making fraudulent insurance claims on his vehicle, charged with three felony offenses. Case Dismissed after defense investigation and negotiation with District Attorney.

  • Case Dismissed on Motion Auto Insurance Fraud

    Client charged with two felony counts of Auto Insurance Fraud.

  • Not Guilty. Case Dismissed. Burglary, Theft, Identity Theft

    Client was charged with criminal Burglary, Grand Theft and Identity Theft from local retailers. Defense investigation revealed client was not individual shown on security cameras

  • Reduced Charge Plea Deal Child Molestation Accusation

    Career Professional Client facing child molestation charges, requiring lifetime sex registration. Defense negotiated plea deal for non-offender charge of misdemeanor assault.

  • Not Guilty, Client Acquitted Of All Charges Child Pornography

    Client on Probation for Sexual Assault. Arrest and accusation of child pornography possession. Defense employs forensic investigation of all seized evidence and finds no evidence of child pornography.

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