Child Pornography Is Charged as a Federal Crime in San Diego
When the use of the Internet became widespread about 20 years ago, it also started creating new types of criminal activities. Among these were sexually related crimes, including the rise of child pornography. In San Diego, child pornography has always been charged as a federal crime, but with the advent of online distribution, child pornography crimes became much more widespread, forcing law enforcement officials to dedicate significantly more resources to the problem.
The zealous reaction by a variety of agencies meant a highly aggressive pursuit of anyone suspected of possessing, producing or distributing child pornography anywhere in the United States. Those convicted of these types of crimes pay a heavy price, including long prison sentences, fines, and a lifelong registration as a sex offender.
Possible Defenses Against a Child Pornography Charge
As soon as you are aware you are under investigation for this type of crime, you must work closely with an experienced attorney to mount a strong defense.
Fortunately, there are several possible defenses that can be used, depending on the facts of your case. The most common of these is a lack of intent. You may be able to prove you did not know you possessed child pornography or that you unintentionally viewed or distributed images that could later be defined as child pornography. Closely related to this is whether images actually are child pornography or if they may have legitimate and legal scientific or educational uses.
At other times, it may be possible to claim that any materials were illegally seized by overzealous law enforcement officials. Even if a warrant is properly obtained, there are instances when police go beyond the scope of the warrant, making any seizures inadmissible in a court of law. Similarly, some defendants can claim that just because they are in possession of images, that the images do not belong to them. This can happen with a work computer, or if a spouse wants to cast the other negatively during a divorce or child custody proceeding.
If You Have Been Charged with a Child Pornography Crime in San Diego
Any criminal charge associated with child pornography will also carry major social implications as well. There is a significant bias toward anyone who has simply been accused of this type of crime. A conviction will have major repercussions beyond any prison sentence or fines that a defendant may be required to pay. That’s why it is vital to retain the best possible legal representation immediately.
The Law Office of Marc S. Kohnen is a recognized criminal defense firm that serves clients in San Diego and other nearby California communities such as Chula Vista, Eastlake, National City, Mission Valley, El Cajon, La Mesa, Julian, Ramona, Vista, and San Marcos. For a free initial consultation, contact his office at (619) 398-2500 or complete this contact form.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101