Child pornography refers to any material, whether in print, electronic media, video, or audio, that depicts minors in sexual positions or engaged in sexual or erotic acts. Often, these minors are either wholly or partially undressed. Federal law distinguishes between the production, distribution, and receipt or purchase of child pornography, and it imposes harsher penalties based on the age of the child involved.
The Interstate Commerce Clause gives the federal government the authority to prosecute child pornography offenses. Although this clause has faced challenges on constitutional grounds for being overly broad, the United States Supreme Court has upheld it as a valid basis for federal child pornography laws. Violations of these laws carry severe penalties, often resulting in lengthy prison sentences.
Child pornography has become a significant financial enterprise, generating an estimated $3 billion annually. Much of this material originates in Eastern Europe, Asia, and developing countries and is distributed online, where it is traded and sold. The majority of websites containing child pornography are located in the United States, with over 50% operating on a pay-per-view basis.
The images and videos, commonly referred to as “abuse images” or “child sexual abuse images,” can depict prepubescent and post-pubescent minors engaged in sexual activity with adults or animals. Others show minors naked or in provocative poses. The ages of these minors range from teenagers to infants, and over the last decade, the explicit nature and brutality of these abuse images have significantly increased.
Both the state and the Federal governments have mandated severe punishment for even the slightest violation. The Adam Walsh Child Protection and Safety Act was signed into law in 2006. It classifies sex offenders into three tiers and mandates different registration requirements for each tier. Part of this Act is what is commonly known as Masha’s Law, which allows victims 18 and over to sue for damages against those people who downloaded pornographic images of these victims when they were minors.
While both State and Federal governments impose harsh penalties for Child Molestation and Pornography, the consequences are significantly more severe under Federal law. In one case this office was involved in, the defendant was found with nude images of a young child. Initially arrested by State authorities, he faced a maximum prison sentence of 12 years.
However, while his state case was ongoing, he was taken into custody by Federal agents, who charged him with the same offense. In the Federal system, his potential sentence skyrocketed to over 45 years. After lengthy negotiations with the U.S. Attorney’s Office, we secured a settlement that our client was satisfied with.
Los Angeles Child Pornography Criminal Defense Lawyer
Choosing an experienced and knowledgeable State and Federal Criminal Defense Attorney is perhaps the most crucial decision you can make. A qualified State Criminal Defense Lawyer can guide you through your options, help you make significant life-altering choices, investigate the circumstances leading to your arrest, effectively challenge law enforcement testimony, and advocate for you in court.
Our firm boasts skilled Child Pornography Criminal Defense Attorneys dedicated to vigorously defending your rights and working toward a favorable outcome for your charges.
Child Pornography cases demand a thorough examination of every aspect of the allegations against you. It’s essential to have a Criminal Defense Attorney with expertise in Child Pornography cases to oversee your investigation, ensuring that any weaknesses in the government’s case are identified and leveraged to your advantage.
If you are facing charges or are under investigation in State or Federal Court for Child Pornography, don’t hesitate to contact us for a FREE CONSULTATION. We will evaluate your specific situation and provide tailored legal advice on how best to move forward.
Allow us the opportunity to offer you the support of a Criminal Defense law firm with extensive experience in both Federal and State Court systems as you navigate this challenging experience. We focus exclusively on Criminal Defense, and it has been our sole mission since the beginning.
EARLY INTERVENTION BY COUNSEL IS KEY TO A PROPER DEFENSE
It is crucial to engage an experienced and knowledgeable Child Pornography Criminal Defense Attorney as soon as possible. Many critical factors, such as how your case will be charged and filed, are often determined shortly after your arrest or during the investigation period. Early intervention allows our Criminal Defense Lawyers to potentially reduce or even dismiss the charges before your first court appearance.
If you find yourself in this challenging situation, we encourage you to reach out to the Criminal Defense Attorneys at Gurovich Berk. We’ve extensive experience navigating law enforcement, court proceedings, and prosecutors in cases involving Child Pornography.
Don’t settle for someone less qualified; these are severe accusations that carry hefty penalties. Plus, we offer a flat fee per segment of your case, regardless of the time required, so you will know exactly what you’re paying upfront. This way, you won’t be blindsided by unexpected attorney fees at the end of your case.
Over the years, our Criminal Defense Lawyers have successfully represented numerous clients faced with Child Pornography charges. We’ve noticed that delaying the hiring of a Criminal Defense Lawyer often exacerbates the situation.
Please don’t hesitate to call for an initial FREE CONSULTATION, either in our office or in the comfort of your own home. During this meeting, we can discuss the best strategies for defending and resolving your case.
Gurovich Berk 24-Hour Telephone Numbers
- Los Angeles: (213) 385-1555
- Sherman Oaks: (818) 205-1555
- Beverly Hills: (310) 288-0795
- Pasadena: (626) 356-0447