Your first realization that you are being investigated for child pornography may be when the police present you with a search warrant for your premises and electronic devices such as your computer. The police will perform a forensic examination on anything it seizes. If the police arrest you, the prosecutor determines whether your case should be charged as a misdemeanor or felony. The more photos or videos on your computer, including any photographs or videos in its memory, the more likely you will be charged with a felony.
These elements must be proved beyond a reasonable doubt in order to convict you of possession of child pornography:
- You possessed obscene materials;
- When you possessed them, you knew what they were—child pornography; and
- When you possessed them, you knew the pornography depicted a minor participating in or simulating sexual conduct.
Negation of one of these elements can lead to a favorable result for you. For example, you may not have known you possessed pornographic material because you inadvertently surfed a web page that included it or because you couldn’t have known that children were depicted in the pornographic images. Other defenses an attorney experienced in these types of charges can raise are mistake, innocence, or entrapment.
Whether you or a loved one are facing charges or being investigated for a child pornography offense, contact the knowledgeable San Francisco criminal defense lawyers at Dudek & Cintean, LLP for a vigorous defense in either state or federal court. Call us at (415) 946-4020 for a consultation or contact us online.
Call us at (415) 946-4020 for a consultation.
Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law
201 Spear St #1100
San Francisco, CA 94105
Phone: (415) 946-4020
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