Wednesday, July 6, 2022

Pleasanton Sexual Assault Attorneys

You may be surfing, but stumbling onto or visiting a website that produces child pornography could be one of the last clicks you make. Viewing child pornography is often seen as a sexual abuse charge in Pleasanton, Newark, Oakland, Lafayette, and all of California. It is considered a perpetuation of the abuse of the child when it is passed onto the internet. A child porn conviction could be a click away.

Child pornography starts with an image, but can escalate to charges of possession, receiving, or distributing or trafficking child pornography. In production of child pornography cases you also may be charged and convicted of pedophilia, sexual assault, and sexual abuse. When it comes to child pornography the federal government continues to raise the penalties.

Child pornography in California is not taken lightly and can start with an accusation or questions. If you are accused of child pornography, call our Pleasanton criminal defense lawyers at the Law Offices of Robert J. Beles to prevent a disaster. We are frequently able to prevent prosecution altogether when clients bring investigations to our attention in time.

Sexual abuse law in California and federal penalty guidelines

The federal government establishes penalty guidelines for sex crimes of child pornography and it is the state of California that enforces California sexual assault laws. In California in November 2006, a bill was made law allowing prosecutors to charge child pornography as either a felony or misdemeanor in Pleasanton, Union City, Danville, Richmond, or any other city in California.

Although the average sentence of a person accused of child pornography is five to seven years, the federal sentencing guidelines under the PROTECT Our Children Act (Adam Walsh Act) are:

  • 18 USC § 2251—Production of child pornography (mandatory min.15 years; max. 30 years)
  • 18 USC § 2251A—Selling or buying children for sexual exploitation (mandatory min. 30 years; max. life)
  • 18 USC § 2252—Possession, distribution and receipt of child pornography (mandatory min. 5 years for distribution or receipt; max. 20 years)
  • 18 USC § 2252A—Possession, distribution and receipt of child pornography (mandatory min. 5 years for distribution or receipt; max. 20 years)
  • 18 USC § 2260—Importation of child pornography (max. 10 years)

 

Recent federal guideline changes
In 2009, the Commission ruled that 18 USC § 2252A be referenced to §2G2.2(a)(1) because it is less serious than other child pornography offenses. It has “a base offense level of 18,” four levels lower than the base offense level for other child pornography distribution offenses, with no minimum term of imprisonment and a maximum of 15 years.

The Alameda and Contra Costa County offices of sexual assault lawyers at the Law Offices of Robert J. Beles can defend you against charges of sex crimes in Pleasanton like child pornography. We provide vigorous representation that protects the rights and interests of our clients throughout the criminal justice process. We are with you at all stages of the process. If necessary, we hire computer experts to analyze the strength of a case and plan effective defense strategies accordingly. To schedule a consultation now with an experienced sex crime lawyer in Pleasanton, contact the Law Offices of Robert Beles.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Manisha Daryani - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
California Board of Legal Specialization

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