Have you been accused of possession, distribution, or sale of child pornography, or contacting minors on the internet for the purposes of soliciting sex or other deviant sexual activity?
A conviction for a sexual related crime that involves children will have a life-long impact on your future. Not only will you typically face years in a California state prison, but relationships will be destroyed and there will be a lifetime stigma attached to Megan's Law sex offender registration. Any evidence seized from your computer hard drive could be sufficient for the prosecutor to obtain a conviction, especially if you don't have an experienced criminal defense attorney on your side. Internet technology makes it possible to exchange communicate anonymously. There has been a sharp increase in people using the internet to send messages to minor in chat rooms in order to view sexually explicit pictures and find sexual partners. When minors become involved, this type of internet activity is often illegal in California. Sex crimes refers to criminal charges involving prohibited sexual activity. This includes a wide variety of offenses, including indecent exposure, statutory rape, and sexual assault, among others. When prohibited sexual activity involves the use of the internet, it's typically referred to as an internet sex crime. These criminal offenses often involve minors and a conviction will frequently change your life forever. It means you will find it difficult to find employment or live in certain neighborhoods.
If you have facing allegations or are being questioned about an internet sting operation, possessing child pornography, arranging a meeting with a minor for lewd purposes, you need to immediately consult with an experienced Los Angeles sex crime lawyer at Eisner Gorin, LLP. Our law firm will protect your legal rights and start preparing an effective defense strategy. The most common Internet sex crimes in Los Angeles include the following:
Child Pornography – California Penal Code Section 311
California Penal Code Section 311 prohibits anyone from sending, transporting, duplicating, exchanging, advertising, or possessing, or persuading minors to participate in making child pornography. Child pornography is legally defined as any material depicting sexual conduct by someone under 18 years old. This material includes pictures, film, or even slides. Under PC 311, sexual conduct includes sexual intercourse, anal intercourse, masturbation, oral copulation, or any exhibition of genitals or rectal area for the purpose of sexual stimulation. In order for the Los Angeles County prosecutor to obtain a conviction, they must be able to prove you knew the nature of the sexual related material, and also knew the material showed a minor participating in or simulating sexual conduct.
Distributing Harmful Material to Minors – California Penal Code Section 288.2
California Penal Code Section 288.2 prohibits sending harmful materials over the internet. This law is commonly known as harmful matter sent with intent to seduce a minor. What is considered “harmful material?” Under PC 288.2, the harmful material must show or describe sexual conduct that any reasonable person would consider offensive. Therefore, harmful material includes sexual related pictures, videos, books, or even magazines. In order for the Los Angeles County prosecutor to obtain a conviction, they must be able to prove, beyond any reasonable doubt, you knowingly sent harmful matter to a minor, knew they were a minor, and you had the specific intent to arouse the sexual desire of yourself or the minor to seduce them. California Penal Code 288.2 is a “wobbler,” meaning it can be filed as a misdemeanor or felony crime. This decision is typically based on the facts and circumstances of the case, and your criminal history. A felony conviction for violating PC 288.2 could carry a California state prison sentence of up to three years, and lifetime registration as a sex offender under California Penal Code Section 290.
Arranging a Meeting with a Minor for Lewd Purposes - California Penal Code Section 288.4
California Penal Code Section 288.4 prohibits arranging a meeting with a minor for lewd purposes. This type of internet sexual related crime typically occurs during a law enforcement internet “sting,” where a police officer will pose as a minor in a chat room. It’s legal definition states “Every individual who, motivated by an unnatural sexual interest in children, arranges a meeting with a minor for the purpose of exposing their genitals or pubic or rectal area, or engaging in lewd or lascivious.” This legal definition means it’s a crime just to arrange the meeting. It does not matter if the meeting actually occurred. Typically, these meetings are set up through chat rooms, text messages, or social media sites like Facebook. Again, this offense is a “wobbler.” If you are convicted of a misdemeanor crime, you could get sentenced to one year in a county jail, a $5,000 fine, and registration as a sex offender. If you have a prior conviction under this legal statute, or showed up at the meeting location, you will probably face a felony offense. If convicted of a felony crime, you could be sentenced to up to 4 years in a California state prison, a $5,000 fine, and registration as a sex offender.
Why You Need an Experienced Criminal Defense Lawyer
In internet sexual related criminal cases that involve child pornography, or online solicitation of minors, the critical evidence is any material seized from your computer hard drive. It’s important to remember that even if you believe the material was deleted, forensic experts may be able to recover the material from your computer's memory that can prove very damaging to your case. The memory on your computer will save websites you have visited, downloaded pictures or videos, emails you sent or received, and chat room conversations. If the Los Angeles County prosecutor is able to recover this significant computer evidence, you are facing an uphill battle. Therefore, if you are facing criminal charges that involve internet solicitation of a minor, possession of child pornography, you must have a highly skilled Los Angeles criminal defense lawyer who has the experience and expertise in defending cases with this type of extensive evidence.
Contact a Los Angeles Criminal Defense Lawyer
At the Los Angeles criminal defense law firm of Eisner Gorin LLP, we have the experience and resources to effectively challenge the evidence seized in internet sexual related cases. Our law firm can use our own independent forensic experts to analyze the prosecutor’s evidence against you. Our lawyers will thoroughly review all the facts and circumstances to discover how this critical evidence was saved on your computer hard drive. Our criminal attorneys will also closely examine how the evidence was collected by law enforcement. If any search and seizure laws were violated, this means the evidence can’t be used against you. This could force the prosecutor to reduce the criminal charges or even dismiss the case. Contact our law office at 877-781-1570.
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Tagged as: los angeles child pornography defense attorney, los angeles sex crime defense attorney, sex crimes
The news has been filled with stories from alleged victims of sexual harassment, unlawful touching, and rape by intoxication, among other similar sexual related incidents. The #MeToo Movement has made social media, such as Facebook and Twitter, a comfortable forum for victims to come forward and speak out against sexual assault and harassment. In many of these cases, victims are choosing to go online as part of a demonstration in support of survivors and to end sexual violence as opposed to going to police to file a report. This movement encourages people to share their own experiences to raise awareness about the extent of sexual harassment. It gained national attention after there were numerous sexual related accusations against movie producer Harvey Weinstein. Back in October 2017, the Los Angeles Police Department launched a criminal investigation after an Italian model-actress who claimed he raped her at a hotel in 2013. She became the sixth woman to accuse him or rape or forcible sex acts. Sexual harassment includes coercion, such as connecting someone’s working condition to sexual cooperation. Additionally, sexual harassment also includes unwanted sexual behavior, such as kissing, touching, hugging or constant verbal pressure to go out on a date. The United States Supreme Court has said that unwanted behavior has to be severe enough to cause an abusive working condition. However, some of the most common forms of sexual harassment are not through improper touching. They frequently include degrading or crude remarks about the opposite sex. Many of these sexual harassment claims will be handled in civil court. This means attorneys will be retained to pursue a civil lawsuit for sexual harassment in the workplace on a variety of different levels. These type of sexual harassment claims don’t always mean criminal charges will be filed.
If you have been accused of sexual assault or charged with a sexual related crime, you should consult with a Los Angeles sex crime lawyer at Eisner Gorin LLP. Our attorneys will be able to properly respond to these allegations and aggressively defend you. If contacted by a police detective, politely decline to answer any questions without first consulting with a lawyer. You need to keep your emotions in check. Stay clam. Don’t approach the accuser and stop all communication and stay away from them. This includes contacting them through social media, such as Facebook, Twitter, or Instagram. It’s important to remember that anything you say or write to them at this point will be used against you in a court of law. Some of the most common criminal charges from the #MeToo movement include:
Under California Penal Code Section 314, it’s a crime to willfully exposing one’s genital’s to another person when the exposure is made with the intent of sexual gratification or to offend the other individual. By law, “willfully” means on purpose. One of the elements of the crime for the prosecutor to prove includes showing that the defendant exposed themselves and acted in a lewd manner by intentionally directing attention to their naked genitals with the intent of personal sexual arousal.
Under California Penal Code Section 243.4, it’s a crime to touch the intimate part of another person for the purpose of sexual gratification, arousal, or abuse. This includes their genital area, buttocks, or female breast. Sexual battery is also commonly known as sexual assault or unlawful touching. Sexual battery charges can be filed as a misdemeanor or felony sex crime. A common example of misdemeanor sexual battery charges related to the #MeToo movement includes a situation where the defendant intentionally fondles a female’s breast without their consent or touched their buttocks without permission. Contact our Los Angeles criminal defense law firm for more information.
California Penal Code Section 261 defines rape as non-consensual sexual intercourse by means of force, threats, fraud, or with a victim who is unconscious or incapable of giving consent. Rape charges can be filed even when there is no physical force. A Los Angeles County prosecutor can pursue rape criminal charges in a situation where the victim is intoxicated or physically or mentally disabled to provide lawful consent. Additionally, a rape case can be filed if the act was achieved not only through force or violence, but also through duress, menace, fear of bodily harm, fear of retaliation, or fraud.
Rape by Intoxication
California Penal Code Section 261(a)(3). It’s a common myth that rape is a crime that just involves forcing yourself upon a person without their consent. Rape criminal charges don’t always have to involve the use of force, but can involve a lack of valid consent from the victim due to fraud or incapacity A specific set of circumstances that can lead to a rape charges is when a victim was prevented from resisting due to any intoxicating or anesthetic substance. Under this law, it’s required the defendant knew or should have known of the victims intoxicated state at the time of the sexual encounter. “Prevented from resisting” means that as a result of intoxication, the victim lacked the capacity to give valid sexual consent based on a reasonable and informed use of judgment. In basic terms, any case that involves the alleged rape of an intoxicated woman requires a legal determination of whether her intoxicated state prevented her from exercising reasonable judgment, along with all the other facts and circumstances, in order to determine whether her mental impairment was at a level that it deprived her of the ability to exercise reasonable judgment. Rape under California Penal Code Section 261 is a serious felony crime that leads to 3 to 8 years in a California state prison. Furthermore, a conviction for this type of sexual offense will typically require the defendant to register as a sex offender in California pursuant to Penal Code Section 290. Call a Los Angeles criminal defense lawyer at our office more detailed information.
Los Angeles County District Attorney’s Special Task Force
Los Angeles County District Attorney Jackie Lacey issued a statement to deal with the high number of recent sexual harassment and assault allegations against high-profile names in Hollywood. She announced her office would be forming a special task force to address these issues. This task force was specifically created in response to the widespread allegations of sexual abuse in the entertainment industry. They include specially trained deputy district attorneys who will review all the sexual related allegations for potential criminal prosecution. The task force includes veteran sex crimes prosecutors who will work closely together to thoroughly examine all cases to determine if they meet both the legal and factual standards for filing a criminal case.
When this task force reviews these accusations, they will not be reviewing these cases under the civil context of sexual harassment, rather they are seeking to deal with the accusations under the context of whether a sexual related crime was committed. This will typically require some type of unlawful touching, force, or threat. If the Los Angeles County District Attorneys Office believes that someone committed any type of sex crime offense, they will not hesitate to prosecute them under a specific California Penal Code Section violation. Many of the #MeToo Movement allegations are from incidents that occurred many years ago. Therefore, the Statute of Limitations might prevent some criminal cases from being filed.
Contact a Los Angeles Criminal Defense Lawyer
If you are currently under investigation for sexual harassment or any type of criminal sex offense related to the workplace, you need to immediately consult with a Los Angeles criminal defense lawyer at Eisner Gorin LLP. As stated above, if contacted by a police detective, politely decline to answer any questions without first consulting with an attorney. Anything you say at this point will be used against you. Our criminal attorneys will closely examine all the details in order to start building an effective defense strategy. We offer a free immediate response. Call our law firm at 877-781-1570.
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Some recent crimes in Los Angeles have shown how important it is to have a lawyer who understands the courts, the prosecutors and jury trials. People from all walks of life can be arrested for, charged with or investigated for serious crimes, and without top notch legal representation it can create lifelong problems. In El Monte, the El Monte Police Department is looking for a man who is accused of raping a college student in the back of a convenience store. Authorities said a female student was working as a cashier at the store when a man blocked the exit as she prepared to close. He dragged the woman to the back of the store and raped her according to police news reports. Police believe the perpetrator is an 18-year-old who is a gang member with a tattoo on his right arm of his gang. They are seeking assistance from the community in looking for the alleged guilty party. In another sex crime involving a college student, a 26-yea- old man was arrested on suspicion of attempted kidnapping and rape at Grossmont College in El Cajon, near San Diego. The San Diego Sheriff's Department arrested Anthony Washington for attempting to attack a female student at 11 AM, he was booked in county jail. The attacker held a knife to the victim's throat according to reports as she got into her car. Another student saw the attacked and honked his horn causing the attacker to flee the scene. The suspect was arrested after a thorough search of the campus. He confessed he was going to rape the student during interrogation. In a surprising case of a judge committing a crime, Hon. Craig Richman allegedly committed battery for pushing and injuring a woman who was walking her dogs. The event allegedly occurred on July 18 when the judge saw a woman place a plastic bag of animal waste on the curb next to the street by his house. He is accused of pushing the woman from behind and knocking her to the ground causing the woman to strike her face on the sidewalk. She suffered cuts and scrapes to her face and shoulder. The judge then allegedly left the scene. Richman, who is also a former prosecutor, was charged with a misdemeanor count of battery. The judge at first accused the woman of fabricating the entire story, but also claims that she was both the aggressor and stalked him when he tried to leave, which would at least ad some validity to her story.
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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.