Handling Child Pornography Issues – CPC 311
As a prominent U.S. Supreme court justice once wrote, the definition of “pornography” evades specific explanation, but “I know it when I see it.” Since that remark was written more than 40 years ago, the law hasn’t become much more specific. But legal prohibitions against child pornography exist in the U.S. and almost all first-world nations. Los Angeles child pornography lawyer Daniel Cota can give you full details about the legal rules in your jurisdiction. Federal legal regulation in this sensitive area is pervasive, so much of the litigation takes place in federal court. But child pornography can also create liabilities under state law, so a full picture of potential liabilities is essential.
What Is Prohibited?
What is covered by the prohibitions against child pornography is not completely clear. Films and pictures of sexual acts between consenting adults may be outside the scope of anti-pornography
laws in many instances, but the question of who is a “child” for purposes of the laws against child pornography is not so easily answered. Almost all laws outlawing child pornography cover depiction of pre-pubescent behavior, but the reach of such laws when sexual relations between two seemingly adult participants are involved is far cloudier. If one “adult” happens to be younger than 18, will the conduct be automatically subject to prosecution?
The heart of the legal prohibitions against child pornography lies in the potential (even likelihood) of child abuse. Sexual activity involving children carries the risk of long-term mental and physical injury, which may continue to manifest itself well into adulthood. Participation of children in sexual acts is seldom entirely voluntary. The coerced nature of child participation
underscores the exploitative nature of this conduct.
The problem is exacerbated by the widespread use of Internet technology to send images and messages which contain pornographic content. Law enforcement is devoting particular attention to development of techniques to uncover Internet transmission of pornographic material.
Penalties for Child Pornography
The penalties for any child pornography offense are severe. An immediate and aggressive defense is the best strategy. This may be accompanied by extensive negotiations with the prosecution to reduce or limit the scope of the charges and the proposed penalties. Judges generally are not inclined toward lenience in child pornography cases, so a negotiated resolution of child pornography charges may be strongly advisable.
Using a seasoned Los Angeles child pornography lawyer to help work your way through the process is an effective and positive step. Do not hesitate to contact the law offices of Daniel Cota at (800) 351-6860 for further help. The initial consultation is free of charge.