After an investigation headed up by Homeland Security and U.S Immigration and Customs Enforcement, a Fair Oaks man (39 – name withheld to protect anonymity) has recently received a prison sentence of over 8 years for his part in receiving both still images and live video of pornographic material involving children. Law enforcement officials associated with the above groups executed a search warrant and the material was discovered on the man’s home computer. Later, officials say, the individual admitted to having used a file sharing network to download images several times a week between 2008 and 2012. All in all, agents claim that they found approximately 1,276 live videos of children in sexually explicit situations and about 3,690 still images of the same.
California law involves harsh penalties for anyone who purposefully possesses or receives images of child pornography. Here, ‘child’ pornography means any image (still or live) that involves a person under the age of 18 engaging in sexual conduct of any kind. California Penal Code 311.11 (possession or control of produced child pornography) is a ‘wobbler.’ Usually, this means that it is up to prosecutors to determine whether they will treat this violation of the law as a misdemeanor or as a felony, depending on the particular circumstances of the case. However, in California, only a first offense violation of PC 311.11 may be considered a misdemeanor and a conviction under this law often means up to 1 year in county jail and a $2,500 fine. After that, if you have any prior convictions for child pornography under the same section of the law, your case will likely be treated as a felony. A first offense felony child pornography possession conviction will likely lead to up to 3 years in state prison, while subsequent offenses could lead to up to 5 years in state prison (if you possess more than 600 images and some of them are of children under the age of 12 or are sadomasochistic in nature) and a $10,000 fine.
If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]
A little night out with your friends is fine. A little sip of party bourbon won’t cause anyone any trouble. However, when all that little moments of sipping drinks add up, it could end up in a disaster. Dealing with a DUI conviction is not easy, and it could even cost you thousands of penalty […]
Domestic violence is the attempt to gain power over and control another human within the household through a wide range of abusive behavior. Domestic violence can happen to anyone, regardless of race, sex, sexual orientation, class, education, etc. It often involves physical abuse, and other types of abuse as well. Abusive relationships are too common, […]