When an individual has been charged with a sex crime, it is imperative that he or she contacts a criminal defense lawyer who specializes in this particular area of the law. The laws and penalties that apply to sex offenses are severe, yet there are many applicable defenses. The outstanding criminal attorneys at The Kavinoky Law Firm focus on California sex crime defense and have successfully protected their clients from the harsh and sometimes life-altering consequences that can be imposed in connection with a sex crime conviction.
One such sex offense is Internet pornography (which is legally referred to as the sexual exploitation of a child). This crime will be charged against an individual who knowingly develops, duplicates, prints or exchanges any data or image (regardless of its form) that depicts a person under the age of 18 engaged in an act of sexual conduct. Sexual conduct refers to sexual intercourse (which includes oral sex) between any two people or between people and animals, penetration of the vagina or rectum by any object and masturbation, sadomasochistic abuse, exhibition of the genitals, pubic or rectal area and defecation or urination for the purpose of sexually arousing the viewer.
If convicted of this charge as a first offense, an individual faces a misdemeanor, punishable by up to one year in the county jail and a maximum $2,000 fine. If, however, the accused has a prior conviction for this same offense or for any offense that is related to possessing, distributing, advertising or promoting obscene materials, he or she faces the charge as a felony. Regardless of whether the charge is filed as a misdemeanor or as a felony, if the accused is convicted, he or she must register as a sex offender in accordance with Penal Code 290, which is perhaps the most devastating consequence of all, due to the social stigma that such an individual will undoubtedly face. It should be noted as well that any obscene materials that were confiscated by law enforcement will be destroyed if the accused incurs a conviction.
Two related charges include advertising obscene matter depicting a minor engaging in or simulating sexual conduct and possessing or controlling such matter. If charged with advertising, the accused faces either a misdemeanor or a felony (depending on the severity of the offense), punishable by up to one year in the county jail or by two, three or four years in state prison and/or a fine of up to $50,000. If charged with possession as a first offense, the defendant faces a misdemeanor, punishable by up to one year in county jail and a maximum $2,500 fine, but if the accused has a prior conviction for this offense, for selling or distributing such materials in this state or for employing a minor to pose for or perform these types of live acts, he or she faces a felony, punishable by two, four or six years in state prison. Under any of these circumstances, a convicted defendant will be required to register as a sex offender and any confiscated obscene materials will be destroyed.
The good news is that there is hope. The exceptional criminal defense lawyers at The Kavinoky Law Firm have mastered this field of law and are well-equipped to aggressively defend against these and any other sex offenses. They understand how to effectively argue the many defenses that are available to those charged with Internet and child pornography, and will ensure that their clients receive an outstanding advocate. With law offices in Los Angeles and throughout California, they are conveniently located to provide their highly reputable legal advice and services to anyone in need of a California criminal defense attorney. Contact them today for a free consultation and for unparalleled representation.
