Southern California Man Arrested for Privacy Crimes Involving Minors
Southern California Man Arrested for Privacy Crimes Involving Minors Recent headlines involving a high-profile arrest in Palm Desert serve as a reminder of California's strict laws regarding privacy violations and crimes involving minors. This case highlights the serious legal consequences individuals face when accused of such offenses and the importance of understanding your rights in the criminal justice system. Our experienced criminal defense attorneys at Wallin & Klarich can guide…
Read MoreFederal Sentencing Enhancements for Child Pornography Cases
Federal Sentencing Enhancements for Child Pornography Cases The legal landscape of federal sentencing enhancements for child pornography cases is complex and often controversial. These enhancements are designed to impose more severe penalties on individuals convicted of such offenses. This blog aims to explain these enhancements, explain their legal foundations, and examine a recent relevant case. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal…
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Does the Fourth Amendment Protect a Person from Private Searches?
Does the Fourth Amendment Protect a Person from Private Searches? With few exceptions, the Fourth Amendment prohibits unreasonable searches and seizures without approval by a judge or magistrate. However, the Fourth Amendment does not protect a person from private searches, because the United States Constitution only protects against governmental action. What is the Private Search Doctrine? Under the private search doctrine, a government search does not implicate the Fourth…
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Relief From Sex Offender Registration for Child Pornography Convictions – PC 311.11(a)
Relief From Sex Offender Registration for Child Pornography Convictions – PC 311.11(a)If you are convicted of possession of child pornography under California Penal Code Section 311.11(a), you will have to register as a sex offender for the rest of your life under California Penal Code Section 290. However, there is hope for you if you are on the sex offender registry due to a child pornography possession conviction. Possession of…
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Sentence Enhancements for Child Pornography Crimes
Sentence Enhancements for Child Pornography Crimes When you are charged with a child pornography crime in California, you face severe penalties. You could be sentenced to time in prison and face expensive fines. You will also likely have to register as a sex offender for the rest of your life under California Penal Code Section 290. These consequences are very harsh. However, you could face more significant penalties if you…
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Peer-to-Peer Sharing Could Lead to Child Pornography Charges
Peer-to-Peer Sharing Could Lead to Child Pornography Charges Peer-to-peer (P2P) sharing became popular in the late 1990s, when Napster allowed music files to be shared between users. Since then, internet users have turned to more modern services for sharing and downloading files. However, P2P sharing still exists, and many people share files this way. For this reason, some people believe that peer-to-peer sharing child pornography is a secret method to…
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What is Obscene Matter in a Child Pornography Case?
What is Obscene Matter in a Child Pornography Case? One of the biggest keys in a child pornography case is the element that the defendant possessed, distributed, produced or sold “obscene matter” that involved a minor engaging in sexual conduct. If this element is not meant, you cannot be convicted of a child pornography crime. Child Pornography Crimes Requiring Obscene Matter as an Element Several child pornography crimes require the…
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Punishment for Federal Child Pornography Convictions
Punishment for Federal Child Pornography Convictions Child pornography crimes carry harsh punishment in California. In many cases involving child pornography, you could face federal charges, which are punished more severely. So, when can you be charged with federal child pornography? What are the consequences of a federal child pornography conviction? Let our experienced child pornography attorneys explain federal laws. When Will I Be Charged with a Federal Child Pornography Crime?…
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Is It Child Pornography if the Images are Altered? (PC 311.11)
Is It Child Pornography if the Images are Altered? (PC 311.11) If you are charged with a child pornography crime, you face severe consequences that could impact you for the rest of your life. A conviction of possession of child pornography carries a sentence of up to 364 days in prison, fines of up to $2,500 and lifetime registration as a sex offender. California Penal Code Section 311.11(a) prohibits the…
Read MoreWill I Go To Jail If I Am Charged With Distribution of Child Pornography? (California Penal Code Section 311.1(A))
Will I Go To Jail If I Am Charged With Distribution of Child Pornography? (California Penal Code Section 311.1(A)) You recently uploaded pornographic images to a free adult-oriented website. At the time, you suspected that the persons depicted in the images may have been under 18 years of age, but decided to upload the images anyway. Now, you are being charged with distribution of child pornography in violation of California…
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