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Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

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People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

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Understanding Federal Child Pornography Charges in California

 

Understanding Federal Child Pornography Charges in California

Child pornography is a serious crime that can lead to severe penalties in California. Both state and federal laws prohibit the possession, distribution, and production of child pornography. While state charges are possible, many child pornography cases end up being prosecuted at the federal level.

This article provides an overview of federal child pornography laws and charges in California. We’ll discuss what constitutes child pornography, penalties for federal convictions, defenses that may apply, and the collateral consequences of a conviction. Our goal is to help people understand these complex laws and their implications.

What is Considered Child Pornography Under Federal Law?

Under federal law, child pornography is defined in 18 U.S.C. §2256. It refers to sexually explicit visual depictions of minors (under 18 years old) engaged in sexually explicit conduct. This includes images, videos, films, magazines, books, drawings, animations, electronic images, and more. The minor does not actually have to engage in sexual acts—the depiction itself is illegal.

Specifically, the images must meet the following criteria:

  • Visually depict a minor engaged in sexually explicit conduct, such as intercourse, masturbation, or lascivious exhibition of genitals
  • Be obscene or constitute child pornography under state laws
  • Lack serious literary, artistic, political, or scientific value

Even computer-generated images can count as child pornography under federal law if they appear to depict minors engaged in sexually explicit conduct. Simple possession of one illegal image meets the threshold for a federal charge.

Penalties for Federal Child Pornography Convictions

Federal child pornography charges carry strict penalties upon conviction, including:

  • 5-20 years in federal prison
  • Fines up to $250,000
  • Supervised release for 5 years to life after prison
  • Registration as a sex offender

Sentences are based on federal sentencing guidelines that take into account the number of images, the nature of the images, and other factors. Defendants with prior convictions for sex offenses face even harsher penalties of 15-40 years in prison.

Common Federal Child Pornography Charges

There are several federal statutes that can be used to prosecute child pornography crimes, including:

  • 18 U.S.C. §2252 – Possessing, distributing, or receiving child pornography that has traveled through interstate/foreign commerce
  • 18 U.S.C. §2252A – Possessing, distributing, receiving, or producing child pornography using any means, including computer
  • 18 U.S.C. §1466A – Producing, distributing, receiving, or possessing obscene visual depictions of minors
  • 18 U.S.C. §2260 – Using interstate facilities to transmit information about a minor for criminal sexual purposes

These laws have extended federal jurisdiction over child pornography crimes that use the internet, computers, or digital media even if the activities did not cross state lines.

Defenses That May Apply

While child pornography charges should always be taken seriously, there are defenses that a skilled criminal defense lawyer may be able to raise on your behalf, such as:

  • Lack of knowledge – You did not knowingly possess the images or videos. They were placed on your computer without your consent.
  • Misidentification – The alleged illegal images do not actually depict real minors but instead are constitutionally protected virtual pornography.
  • Free speech – The images, while offensive, have artistic, scientific, or other value protected under the First Amendment.
  • Law enforcement entrapment – You were illegally induced by police into obtaining the illegal materials.

An experienced federal crimes defense lawyer can analyze the evidence against you and build the strongest defense to fight the charges.

Collateral Consequences of a Conviction

Beyond time in prison, a federal conviction for child pornography carries additional lifelong consequences including:

  • Registration as a sex offender in California and any state where you live, work, or attend school
  • Restrictions on where you can live due to Megan’s Law
  • Difficulty finding employment, especially in fields involving children
  • Bars from working in education, healthcare, transportation, and state licensing
  • Possible loss of professional licenses
  • Social stigma

These severe collateral consequences demonstrate why fighting the charges is so important. An experienced federal criminal defense lawyer can advise you of all the possible penalties if convicted.

Facing federal child pornography charges in California is frightening. But with an aggressive defense, many of these cases can be won, charges reduced, or penalties minimized. Do not delay in contacting an experienced federal crimes defense lawyer to protect your rights and future.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

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