A South Carolina man was arrested on suspicion of possessing and distributing child pornography last week. According to reports, 67-year-old Richard Rau of Conway, South Carolina, was arrested as part of an undercover operation targeting the production and sharing of child pornography online. Federal investigators with Homeland Security would post non-illicit photographs of children on an image hosting site and then contact other users on the site to trade illegal images. Homeland Security agents claim that Rau registered an account on the site back in November of 2012, and then began posting photos of a recent trip he had taken to Aruba. Rau also began posting suggestive comments on other people’s photos. Federal agents then obtained a search warrant in February and began a search of Rau’s home, where they seized two tablets, two computers, an Apple iPhone and several computer discs, among other items. Investigators claim that there was sexually explicit material on many of the items they seized and that Rau had e-mailed sexually explicit images of children to many people on at least seven occasions between December 11,, 2012 and January 21st of this year. Rau is now facing seven felony criminal charges of distributing child pornography via a computer and one felony charge of the possession of child pornography. Rau is facing up to 20 years in prison for each count of distribution and up to 10 years in prison for the possession of child pornography. In all, Rau is facing up to 150 years in prison if convicted on all counts. Rau appeared in a South Carolina court last week and pleaded not guilty to charges. In addition to Rau, federal investigators are said to have served search warrants to as many as 54 others in connection to the same image hosting website, 52 of them specifically because of child pornography charges. Court records indicate that 53 victims have been identified and rescued from further abuse. Child pornography is a crime with devastating consequences. As sex crimes go, it is typically a felony criminal offense, but because much of what exists in today’s world as child pornography is transmitted and shared over the internet, it can also be labeled a computer crime. Because sharing child pornography tends to be an online activity that often passes state borders, it can also count as a federal criminal offense, subjecting a defendant to the possibility of time spent in a federal prison. For all of these reasons and more, if you find yourself charged with the possession, production or distribution of child pornography, you need an aggressive and experienced attorney right away.
Tagged as: child pornography pc 311_11, los angeles child pornography defense attorney, sex crimes
When a Los Angeles Child Pornography Defense Attorney defends someone charged with possession, distribution or making child porn, he has to fight some very strict laws. Now, with new technological developments, defendants in child pornography cases are facing even more difficult circumstances. Law enforcement officials, such as the FBI and Los Angeles Police Department, are constantly creating new technologies to find sex crime offenders. These law enforcement tactics require the skill and experienced of a highly qualified Defense Lawyer.
A new program designed by Columbia University uses algorithms to find child pornography on people’s computers. A computer science professor said “It uses machine-learning algorithms to distinguish child from not-child." The program allegedly measures the distance between a person’s eyes and nose (as well as other facial features) to separate children from adults. When a Attorney has to defend against such technology, he needs to be able to combat such a high level of technology. Supposedly, the program is 70 percent accurate in identifying children, which means the program has at least a 30 percent margin of error! Someone could be sent to jail for possessing child pornography because a program that gets things wrong at least 30 percent of the time accuses them.
Spotting child pornography is incredibly difficult. However, law enforcement officials are still employing digital sex crime evidence detectives that are 60 percent accurate because they are doing whatever they can to catch potential criminals. Unfortunately, when someone is accused of possessing child porn, it is as damning to the public as if the individual was actually convicted.
Computer crimes and Internet crimes are causing law enforcement to develop new levels of technology in order to prove the guilt of the accused. However, with technology come all sorts of problems in terms of determining the accuracy of the technology in question. Only a skilled, experienced Los Angeles Child Pornography Lawyer will understand how to effectively defend someone charged by a computer program. Being able to dissect the technology used by the prosecution requires a defense lawyer who knows the laws, the technology and is a tirelessly legal advocate.
If you or someone you love has been charged with a child porn violation, contact the team at Kestenbaum, Eisner & Gorin. Our criminal defense experience and they have worked for District Attorney’s Offices, giving them an insider’s perspective on prosecution tactics.
Tagged as: los angeles child pornography defense attorney
Anyone charged with possession, distribution or making child pornography is facing possibly the most serious legal fight of their lives. However, new develops in the criminal justice system could make any potential legal fight that much more difficult, increasing the need for a skilled Los Angeles Child Pornography Attorney.
Men and women accused of a child pornography charge face serious consequences, such as imprisonment, mandatory counseling, inclusion on the Sex Offender list and much more. New developments in the use of technology have made legal battles easier for the government and harder for the accused. New software has been developed by the Polytechnic Institute of New York University allows investigators to find photographs deleted from the user’s computer. Meaning that even if something is deleted and put into the “trash" a government sex crime evidence detective can still find old files.
While some may feel this is a good thing, it creates potentially dangerous situations for anyone who buys an old computer. For example, if someone downloads a file onto their computer that is child pornography and then sells the computer, the new owner could be charged with a criminal child pornography violation. It could be potentially impossible for anyone charged with child pornography violations to be found innocent if there are thousands of images on their computer, even if it was not their computer originally. In such cases, only a skilled Child Pornography Defense Lawyer will have the knowledge, experience and skill necessary to create the best defense possible.
Defending against the government’s accusations requires a lawyer with a unique understanding of the law. For example, for an image to be unlawful, the image must not be digitally created. The government must also prove that the accused was aware of what was on his or her computer. In the case of this new kind of digital investigation, it might be easy to prove a person had images on his or her computer, but impossible to prove if they knew it was there. However, without a skilled Attorney on your side, government scare tactics and heavy handed interrogation could get you to give up on your rights.
If you or someone you love has been charged with possession, creation or distribution of child pornography, contact Kestenbaum Eiwner & Gorin. Our attorneys understand Penal Code Section 311.11, have over 50 years of combined legal experience, and have a long, successful track record of keeping our clients out of jail and free from fines. Our number is 877-781-1570 and we are standing by to hear your case 24 hours a day.
Tagged as: los angeles child pornography defense attorney
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.