The number of computer pornography charges in Southern California is on the rise. Typically, these cases involve allegations of child pornography, which can devastate a defendant’s reputation and lead to serious social and legal consequences.

Orange County Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing charges involving child pornography or possession of pornographic material throughout Orange and Los Angeles counties.

California leads the nation in computer crime, according to the government’s Internet Crimes Complaints Center. Nearly 14 percent of the nation’s computer crimes originate in California. The FBI’s Innocent Images National Initiative reports a 2,000 percent increase in child pornography complaints over the last decade. During the period, the federal government initiated approximately 2,500 criminal investigations. Many more were initiative at the local level.

Allegations of child pornography may result in either state or federal charges. In many cases, authorities will bring a felony charge for each image; the result can be dozens of felony charges and a defendant that is facing decades behind bars. Federal charges are also quite common because such crimes are typically alleged to have crossed state lines as images are distributed over the Internet.

California Penal Code 311.3 and 311.11 prohibit the possession or distribution of child pornography. The law also forbids the “sexual exploitation of a child.”

Computer viruses and file sharing programs are just two common ways in which illegal, illicit images can end up on a victim’s computer. Criminals have even been known to hack computers in order to store illegal images, unbeknownst to the owner. In other cases, a computer owner may be victimized by images downloaded by another user in the household.

Other issues involving child pornography allegations in California can include peer-to-peer sharing programs, sexting among teenagers, challenging the results of search warrants, illegal search and seizure, entrapment, false accusations and the age of the victim.

When it comes to federal charges, the most common are:

• § 1462. Importation or Transportation of Obscene Matters.
• § 1465. Transportation of Obscene Matters for Sale or Distribution.
• § 1466. Engaging in the Business of Selling or Transferring Obscene Matter.
• § 1470. Transfer of Obscene Material to Minors.

• § 2241(a)(b)(c). Aggravated Sexual Abuse.
• § 2251(a)(b)(c). Sexual Exploitation of Children.
• § 2252. Certain Activities Relating to Material Involving the Sexual Exploitation of Minors.
• § 2252A. Certain Activities Relating to Material Constituting or Containing Child Pornography.
• § 13032. Reporting of Child Pornography by Electronic Communication Service Providers.

The increased emphasis and enforcement has resulted in an increase in the number of questionable or unfair criminal complaints filed against innocent defendants. Such investigations are inherently complex and are often initiated as a result of questionable evidence reported to law enforcement via a citizen complaint or as a result of a complaint from an online service provider or chat room administrator.

If you are facing child pornography charges in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.