Arrested For Child Pornography?        The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense                    ...
producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any        kind, includ...
In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessorsran the gamu...
jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1)allegeab...
reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possibledefenses to as...
is retained at an early stage in the investigation, he is sometimes able to avoid chargesaltogether. At a minimum he is of...
Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.Call us at 713-222-7577 or toll free at 877-30...
Facing Child Pornography Charges? The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense
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Facing Child Pornography Charges? The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense

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Houston Sex Crimes Lawyer, Houston Child Pornography Lawyer, Online Solicitation Lawyer

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Facing Child Pornography Charges? The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense

  1. 1. Arrested For Child Pornography? The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense Houston Lawyer Charles Johnson aggressively defends clients charged with a sexual offense. He handles all sexual offense charges, whether in state or federal court, and whether the sex crime allegations are against children or adults. Parties in contentious divorce or custody proceedings have been known to encourage children to say the other parent “touched” them a certain way or otherwise imply molestation. Childcare workers, pastors, teachers, coaches, and others are frequently falsely accused. Parents have even been known to target individuals for extortion by coaching children. They may be coached by well-meaning social service and health care professionals, law enforcement officers, and prosecuting attorneys who want to make sure they obtain a conviction regardless of the truth.Allegations of sex crimes are taken very seriously in Texas, and across the nation. With more stringentpenalties being imposed, a false claim unchallenged or a single error in judgment can require you to be alifelong member of the sex offenders’ registry and database. Before your reputation is devastated, invokeyour right to an attorney and your right to remain silent. Contact Houston Criminal Lawyer CharlesJohnson for a free phone consultation when you are under investigation for sex crimes or if charges havebeen brought against you for anything from possession and distribution of child pornography to sexual assaultand rape.How is Child Pornography Defined?Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials thatexploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computertechnology and the Internet to obtain, share, and distribute pornographic material involving children, includingimages and films.Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including anyphotograph, film, video, picture, or computer or computer-generated image or picture, whether made orproduced by electronic, mechanical, or other means, of sexually explicit conduct, where  the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or  the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or  the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. Federal law (18 U.S.C. §1466A) also criminalizes knowingly 1
  2. 2. producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that  depicts a minor engaging in sexually explicit conduct and is obscene, or  depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral- anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexualintercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of thesame or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of thegenitals or pubic area of any person.Who Is a Minor?For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of18.Is Child Pornography a Crime?Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view childpornography (18 U.S.C. §2252). In addition, all 50 states and the District of Columbia have laws criminalizingthe possession, manufacture, and distribution of child pornography. As a result, a person who violates theselaws may face federal and/or state charges.Where Is Child Pornography Predominantly Found?Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD. It istransmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms),Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.What Motivates People Who Possess Child Pornography?Limited research about the motivations of people who possess child pornography suggests that childpornography possessors are a diverse group, including people who are  sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification  sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli  sexually curious, downloading a few images to satisfy that curiosity  interested in profiting financially by selling images or setting up web sites requiring payment for accessWho Possesses Child Pornography?It is difficult to describe a “typical” child pornography possessor because there is not just one type of personwho commits this crime. 2
  3. 3. In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessorsran the gamut in terms of income, education level, marital status, and age. Virtually all of those who werearrested were men, 91% were white, and most were unmarried at the time of their crime, either because theyhad never married (41%) or because they were separated, divorced, or widowed (21%).3Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessedchild pornography, with both crimes discovered in the same investigation. An additional 15% were dualoffenders who attempted to sexually victimize children by soliciting undercover investigators who posed onlineas minors.4Who Produces Child Pornography?Based on information provided by law enforcement to the National Center for Missing & Exploited Children’sChild Victim Identification Program, more than half of the child victims were abused by someone who hadlegitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, andcoaches.What is the Nature of These Images?The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such aspenetration by objects, anal penetration, and bestiality.Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear tobe prepubescent, and 6% appear to be infants or toddlers.Possible Punishment for Sexual Exploitation of a Minor/Child PornographyIf the photographs include children who are fourteen (14) years of age or younger, it is a Dangerous CrimesAgainst Children (DCAC) and carries a very severe penalty. A first offense carries the following punishment foreach and every conviction: ten (10) years minimum in prison; seventeen (17) years presumptive in prison;twenty-four (24) years maximum incarceration.If convicted of one previous predicate felony (which includes a prior DCAC, among other serious felonies), therange of punishment increases to a minimum twenty-one (21) years, presumptive twenty-eight years (28),and maximum thirty-five (35) years. Because this is a DCAC, 100% of the prison time must be served beforebeing eligible for release. In addition, if the person is convicted of two (2) counts, they must be runconsecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double).This is why these charges are sometimes referred to as “life enders”.The maximum penalty on a Sexual Exploitation charge actually carries more time than the maximum penaltyon a Second Degree Murder charge. A conviction will require you to register as a Sex Offender for the rest ofyour life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (thisincludes your own children), without going through numerous testing procedures and only with the consentof your Probation Officer.If the child was ages fifteen – seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A firstoffense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in 3
  4. 4. jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1)allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions,then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.Possible Defenses for Sexual Exploitation of a Minor/Child PornographyThe critical defenses to Child Porn charges involve showing that the person did not“knowingly” possess,receive, or do any of the listed actions with the images. One way of asserting this defense is bypresenting evidence that the defendant was not the person who accessed the images. If it can be shown thatthere were multiple users who had access to the computer, and who did in fact use the computer often, thenit is much more difficult for the State to prove the defendant actually accessed the images, rather than someother person. This defense is especially appropriate when the defendant lacks any other sexual crimeconvictions. In order to assert this defense, we need to present a variety of our own evidence to contradictwhatever has been presented by the prosecution. Typically, the State would normally have executed a searchwarrant and confiscated the computer involved, then searched for the “IP address” and passwords that wereused to trace the activates to a particular time, date, and user. Before they do any of this they will have“cloned” the hard drive in order to avoid any accusations that they have somehow tampered with thecomputer by adding images.Another typical defense is that the defendant inadvertently came across the images on his computer, and thusit was not a “knowing” exchange. It is an affirmative defense to Child Pornography charges if a person timelyreports that they have received unsolicited images on their computer. Usually, reporting within three (3) daysof discovering the child pornography is considered to be “timely reporting.”At the Charles Johnson Law Firm, we handle a very high percentage of “Sex Crimes” cases. We haveone of the largest libraries with research materials devoted to challenging accusations involving sex crimes.Registering as Sex Offender has drastic consequences and leaves a black mark on your record; do notunderestimate the potential severity of this charge.Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defensesand challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous anddiverse. One of those we frequently assert is a“Miranda rights violation.” In Texas, the standard ofwhether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidenceis based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidatedor tricked you) into making a confession or inculpatory statement, or that they did not properly read you yourMiranda Rights, then we can suppress those statements and any evidence gathered as a direct result of thosestatements.In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurswhen a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.Other defenses may include challenging the validity of any search warrant, or whether there were any“forensic flaws” during the investigation of your case. Depending on what else you have been charged with,this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprintsanalysis; DNA testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews;etc. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports whichinclude everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene 4
  5. 5. reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possibledefenses to assert in your case.Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, ina misguided attempt to help law enforcement, defendants make statements that are twisted and turned intoprosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencieswithout an attorney present.Any interview will be sent to the police and the county attorney’s office and can be used against you. Anobvious corollary is do not let yourself be interviewed again by the police without your attorneypresent.Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files canbe downloaded to a computer without the user knowing the content of the download. In such cases theelectronic file will often include tell tale electronic evidence about the file, where it came from and its date ofdownload. Using this evidence or challenging law enforcement’s sloppy investigation and acquisition ofpotentially exculpatory information is the best way for a defense lawyer to prove actual innocence.Examine Prosecution Expert’s Background. An important part of every case is the ability to counter thereports and testimony of computer professionals, caseworkers and “experts” who examine pornographicevidence. To effectively counter a prosecution expert, the defense attorney must be well educated on theexpert’s education, work history, published works and testimony in prior cases.Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys shouldobtain a credible polygraph examination from a respected professionals.Texas Sex Offender RegistrationIn addition to the prison terms and fines one can face when convicted of any of these offenses, you may berequired to register as a sex offender. This means you will be tracked for the rest of your life.Knowing where to turn when facing charges as dark as these can be difficult. You have likely alreadyseen people turn their backs on you because of the charges and you haven’t even gone to trial. You needsomeone in your corner fighting for your good name.You are innocent until proven guilty. With my help we will see to it that you get the best possible results onyour day in court.Houston Child Pornography Defense Lawyer: The Charles Johnson Law FirmAttorney Charles Johnson defends against sexual assault allegations throughout Texas, no matterhow small or large the city. He has developed a unique understanding of the dynamics of these veryserious cases. His competent, aggressive and thorough representation has made him a leading criminaldefense attorney in dealing with sex and pornography related criminal charges.Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusationsthemselves are often treated as conclusive proof of criminal activity. If Houston Lawyer Charles Johnson 5
  6. 6. is retained at an early stage in the investigation, he is sometimes able to avoid chargesaltogether. At a minimum he is often able to avoid the trauma and embarrassment of his client beingarrested at home or at the workplace by contacting law enforcement and the court in order to make thenecessary arrangements.Depending on the facts of your case and the evidence against you, Houston Child Pornography Lawyer CharlesJohnson will work to help you beat a false accusation or try to lessen the punishment. We understand yourfreedom is at stake and that a conviction of possession of child pornography may result in lifetime registrationas a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial orto minimize the consequences or sentence.Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.Call us at 713-222-7577 or toll free at 877-308-0100.Major Credit Cards Accepted.Posts Related to Houston Lawyer: Arrested For Child Pornography?  False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the ...  Arrested For Online Solicitation of a Minor? The Right Houston Criminal Lawyer Can Make a Difference As a result of the increased efforts of local and national law enforcement task forces to discover Online Solicitation of Minors or Importuning, Houston Sex Crimes ...  Best Houston Sexual Assault Lawyer: Arrested For Sexual Assault? Numerous states have undertaken a revision of their rape and sexual assault laws, creating a broad set of sexually related crimes. These crimes are frequently ...  Arrested for Assault? Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault Charges If you have been charged with Assault in Houston, you may face serious jail time. When facing criminal charges it is crucial that you act quickly ...  Houston Domestic Violence Lawyer: Coping With Domestic Violence? Each year thousands of domestic violence cases are filed. While most of the cases have merit, there are many instances where defendants are falsely accused. ...Original article may be found at:Houston Lawyer: Arrested For Child Pornography? 6
  7. 7. Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.Call us at 713-222-7577 or toll free at 877-308-0100.Major Credit Cards Accepted.Houston Lawyer Charles JohnsonSolving Problems...Every Day®http://www.houstonlawyer.comCharles Johnson Law Firm815 Walker Street #1047Houston, TX 77002E-Mail: charlesjohnson@houstonlawyer.comPhone: (713) 222-7577Toll-Free: (877) 308-0100Map to Office 7

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