Immediate Help for Child Pornography Charges
If you are facing an Orange County, CA child pornography charge, please call me, attorney Scott R. Cadzow, immediately. I’m a top Orange County criminal defense lawyer with 25 years of experience successfully defending child pornography and other internet sex crime charges, and I can help you.
I have been very successful in getting charges reduced or dropped, and getting sentences suspended or reduced. I defend all types of child sex crimes, including child pornography, meeting a child for sex, indecent exposure, and other internet child sex crimes.
California and Federal Law Forbid Child Pornography
It is against California and federal law to create, distribute, possess, advertise, or sell pornographic images of a minor or child. The offense most commonly involves photos or videos showing children in some form of sexual activity, posing erotically, or simply undressed. Federal law also prohibits obscene drawings (such as animations) of children. Pornographic images of children are prohibited even if the children are not nude and/or genitals are not visible. Any violation of California or federal child pornography law is charged as a felony.
If you are caught downloading, sending, storing, or even viewing child pornography, you may face severe penalties. A conviction can result in a significant prison sentence and large fine, and you will be forced to be registered for life as a sex offender. You can be charged with child pornography offenses in either California or federal court. Child pornography charges can be brought against you if you view or exchange photos or other media in any way, including online or by using email, CD, flash drive, peer-to-peer sharing.
Defenses to California Child Pornography Charges
Although all child pornography charges are very serious, a skilled and experienced criminal defense attorney will consider a variety of defenses that depend on the exact facts of your case. These defenses can be used to negotiate for reduced or dismissed charges or reduced penalties. Where no acceptable plea bargain is offered, all applicable defenses can be presented to support a favorable jury verdict at trial. Potential defenses can include:
- Mistake: you viewed, downloaded, or received child pornography without intending to. For example, you mistyped a legitimate domain name, or clicked on a pop-up or advertisement, or opened an email or an email attachment that you did not realize would show child porn. You therefore lacked any knowledge or intention to view or possess child pornography.
- No knowledge that underaged persons were used in images: If you did not know that the persons in the image were underaged because the material appeared to show adults and was labeled or advertised in a way suggesting that the persons were adults, a good argument can be made that you lacked the knowledge or intent to view or possess child pornography. Experts can be retained to testify that the persons in the images appeared to be at least 18 years old.
- Innocence: without your knowledge, another person:
- Used your computer to view or download child porn, used your computer or email program to send child porn, or used your address or P.O. box to receive child porn. Or, that person
- “Planted” child porn in your home, work area, or personal possessions to get you in trouble.
In either situation, you would lack the knowledge or intention to commit a child pornography crime.
- No child pornography: In some cases, the material in question is not child pornography, because of one of the following:
- The persons shown in the material were over age 18. This can be proven by investigation or expert testimony.
- The material was a statue, a figurine, an artistic drawing that included nude children in a non-sexual situation, or a film that had been rated by the Motion Picture Association of America.
- The material has a genuine educational or scientific purpose, as shown by the group intended to view the material, the purpose of the viewing, and the likelihood that the material will be accessed by someone not in that group. This category might include a film showing new mothers how to safely bathe a baby, or medical illustrations presented to pediatric surgeons at a conference. Whether the material meets this legal exemption is a question for a jury.
- Illegal search and seizure: The court can be requested to prevent the material from being used as evidence against you if the police did not follow proper legal procedures in obtaining a search warrant, or if they searched beyond the scope of what was permitted in the warrant. Charges must be dismissed when all the evidence supporting them was obtained by an illegal search and seizure.
- Entrapment: If the police pressured or harassed you into viewing child pornography when you had no predisposition to do so, or if the police made false statements that the material they offered was legal for you to view, the charges must be dismissed. (If the police merely offered to give or sell you child pornography, this is not entrapment.)
In addition to the defenses listed above, there may be other legal grounds to have charges dismissed or penalties reduced. As one example, if expert witnesses report that you have a psychological addiction or compulsion to view child pornography (perhaps because you were abused as a child), the expert report can be used to request a lesser penalty that includes therapy, house arrest, and other restrictions to replace part or all of a prison sentence. Other legal grounds will depend on a careful evaluation of the exact facts of your case, based on my many years of experience defending persons charged with sex crimes such as possession, viewing, or distribution of child pornography.
Available 24/7, Free Consultation, Reasonable Fees, Credit Cards Accepted
If you or a family member are facing child pornography charges, please contact me, attorney Scott R. Cadzow. I can provide you with a skilled and aggressive defense of all child pornography charges. I have over 25 years experience representing clients accused of sex crimes, including viewing, possessing, or distributing child pornography, in Orange County and throughout Southern California.
I have had many successes in obtaining reduced charges and reduced penalties, and even dismissal of charges which should not have been filed in the first place. I understand that you will need urgent and dedicated legal assistance to protect your rights and freedom in any case involving child pornography charges.
I offer reasonable fees and take credit cards, and can meet with you at my law offices in Orange County or in Vista, whichever is closer to you. I offer a free consultation and am available 24/7. When you call me, I will respond quickly.
For Fast Help with Child Pornography Charges, Call: (949) 697-5278