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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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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When a Los Angeles Sex Crimes Defense Attorney represents someone charged with a sex crime, he usually has to be concerned with witness testimony, circumstantial evidence and physical evidence. On occasion, the physical evidence includes DNA taken from either the scene of the crime or from the victim’s body.
In a recent case, police say a convicted felon who was deported to Mexico three years ago was allegedly molesting an 11 year old girl in Southern California. He was arrested Monday and investigators used DNA evidence from an alleged February 11 attack against him. He supposedly entered the girl’s bedroom by removing a screen in an unlocked window. He also allegedly admitted that he had assaulted at least for other females ranging in age from 11 to 22. The man was booked on suspicion of felony assault to commit rape as well as burglary.
For a Los Angeles Sex Crimes Defense Attorney, DNA can be a double edged sword. It can either exonerate a client, or convict them. However, DNA evidence can be incredibly faulty. For example, all it implies is that the alleged victim and the defendant made some sort of contact. For two adults, it may simply imply that they had intercourse. For an adult and an individual that is underage, it could be fare more complicated than that. Prosecutors attempt to convince juries that DNA evidence is a smoking gun, but it is not all that clear. However, only a skilled Los Angeles Sex Crimes Defense Attorney can effectively combat a jury’s response to such evidence.
Frequently committed Los Angeles Sex Crimes include rape, statutory rape, date rape, lewd conduct, pandering, prostitution, child pornography, child molestation and more. Any lawyer who defends someone charged with such a crime must invest heavily into investigating the claims of the alleged victim, any witnesses, DNA evidence and even medical records.
The penalties for Los Angeles Sex Crimes include imprisonment, being placed on the sex offender registry, probation, parole, large fines, restitution, court ordered counseling and more. For a normal person, it could lead to the end of their life as they know it. Sex offenders are seen as pariah within any community, forced to live far from schools, parks, and anywhere else children are present. You could even be limited in your job opportunities.
If you or someone you love has been charged with Los Angeles Sex Crimes, contact the defense attorneys at Kestenbaum Eisner & Gorin, LLP at 877-781-1570. With over 50 years of combined experience with criminal matters, sex crimes and government prosecutors, we can craft an effective legal defense on your behalf.
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In order to become an effective Los Angeles Sex Crime Defense Attorney, a lawyer must understand the law, the courts and public opinion. Having a savvy lawyer working for you can keep you out of prison, free from fines and off of the California Sex Offender Registry. Two extremely high profile Los Angeles Sex Crime cases demonstrate the extreme need to higher a skilled lawyer to protect yourself due to the extreme consequences and punishments.
In Long Beach, the former head of the state’s largest mental hospital is being charged with molesting his adopted son for over a decade. The man is now 62 years old and is facing 35 counts of sexually abusing one of his four foster sons from 1992 to 2004. He was the head of the Napa State Hospital but was fired after revelations of his arrest. The prosecution is stating that at least 12 other men, including another of his foster sons, are claiming to be victims of sexual abuse.
In a national sexual assault case, an amazing example of how vital a lawyer truly is, a 31 year old registered sex offender pleaded guilty to the slaying of two teenage girls in northern San Diego. The man previously served five years in prison for beating and molesting a 13 year old girl. He pleaded guilty to murdering Chelsea King and Amber Dubois, both teenagers, during an attempt to rape them. He is being sentenced to life in prison instead of potentially the death penalty in exchange for his plea.
To further demonstrate the extreme need of a attorney for anyone charged with such a violation, the penalties include:
If you or anyone you know has been charged with a sex crime, contact the team at Kestenbaum Eisnger & Gorin, LLP by calling 877-781-1570. Our lawyers have decades of experience with Los Angeles sex crimes and can provide a top notch criminal defense.
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Los Angeles Sex Crime Defense Attorneys represent people charged with all manner of sex crimes, from rape, to sexual assault and molestation. Other sex crimes, such as child pornography, also require a skilled knowledge of the law and a unique level of experience.
A recent case in North Hollywood involved an alleged sexual assault that could potentially lead to years of jail time for the accused if he is convicted. A man is accused of grabbing a woman off of the street, pulling her into a parking lot, forcing her to undress and then raping her before running off. The alleged perpetrator is in his mid-20's, Latino and average height. For such a sex crime, years in prison, heavy fines, years of probation and possible being placed on the sex offender list are all realistic punishments he could face.
For this particular individual, if he is caught and arrested (he has not been found yet), he could face a slew of crimes including resisting arrest. When it comes to sex crimes, police may attach additional violations to help increase jail time or to make sure the sex crime is charged as a felony. This is one of the reasons a lawyer is so important. Without a skilled attorney watching out for your best interests, you could be caught off guard by a slew of charges that are allegedly related to the crime.
Typical Los Angeles Sex Crimes include:
Los Angeles Sex Crime PenaltiesA Sex Crime can lead to years in prison, years of probation, mandatory meetings, heavy fines, limited job prospects, inclusion on the sex offender registry, limited housing options and much more. Having a skilled attorney can help you avoid these issues and stay clear of a lifetime of penalties.
If you have been charged with a serious criminal offense, do not hesitate to call Kestenbaum, Eisner & Gorin, LLP at (877) 781-1570. Our knowledgeable legal team can evaluate your case and advise you of your legal options.
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Being convicted of a Los Angeles sex crime can change a person’s entire life in more ways than one. Not only can it affect what one is allowed to do and not do, but it can also change a person emotionally and physically as well.
Take for example, Ricky Blackman of Oklahoma, a Tier 3 offender on Oklahoma’s sex offender registry. Blackman was a sociable, outgoing teenager, but that all changed when he was convicted for having sex with a 13-year-old girl he believed was 15. Blackman was 16 at the time and the sex offender followed him for years after the incident. This affected Blackman severely as he was unable to attend high school, go to his younger brother’s football games or visit the town library.
His mother, Mary Duval, says that Blackman is not the same person he was before the incident, “He was so fun-loving and just full of life. I mean there’s no other word. Ricky was full of life and now he’s definitely more cautious, more reserved."
Blackman lived with the "sex offender" label for nearly four years, until a law that took effect in Oklahoma in November removed his name from the registry.
After his conviction, Blackman's family moved to Oklahoma where he finished his probation and sex offender treatment. His record was expunged in Iowa, but the same was not the case in Oklahoma; Blackman continued to be on the sex offender registry there.
Blackman had to comply with state residency restrictions that prevent registered sex offenders from living within 2,000 feet of a school or day care center and his attempts to enroll in high school were unsuccessful because he considered a danger to the rest of the students.
Another aspect of Blackman’s life that became difficult was finding a job. He was continually turned town by employers such as Wal-Mart, McDonald's and another fast food restaurants.
"I know what I did was wrong and I deserved to be punished for it. But this destroyed my life. Took it away from me," said Blackman.
Like Blackman, many sex offenders face the same hurdles in California. The stigma that follows sex offenders can take a heavy toll on their lives, but there is something you can do about it. If you have been charged with a sex crime, contact the Los Angeles sex crime defense attorney team at Kestenbaum, Eisner & Gorin, LLP immediately. Our Los Angeles sex crime defense attorney team has more than 50 years of courtroom experience and will fight on your behalf to protect your rights.
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Any Los Angeles sex crime defense attorney understands there is much more at stake for a defendant in a sex crime case than just jail time. There is a new "Scarlet Letter" that is painted on the record of anyone convicted of a sex crime in California, and it takes the most skilled lawyer to be able to clear a person's name.
On Monday, the California Supreme Court upheld residency restrictions for sex offenders, ruling that thousands may be barred from living near schools and parks.
The 5-2 decision permits California to continue enforcing residency restrictions on thousands of sex offenders who were paroled after Proposition 83 took effect in November 2006. The decision will also allow California to enforce the residency restrictions on those who were convicted years before the law took effect.
Proposition 83, also known as “Jessica’s Law", bans sex offenders from living within 2,000 feet of schools or parks where there are children present.
Four sex offenders on parole challenged the law, saying that there was no place in which to live and be in compliance of the law in the cities to which they had been paroled. Although the four parolees were convicted before Proposition 83 passed, the decision will require them to adhere to the residency rules that were put in place after Proposition 83 was passed.
In densely populated cities like San Francisco and Los Angeles, it is difficult for sex offenders to comply with the rules because of the proximity of schools and parks to housing. Offenders do have the right to challenge the residency rules before a judge if they have a legitimate claim of not having a place to live due to the residency restrictions. The main defense that an accused sex offender can have, however, is staying off of sex offender registry lists in the first place. A sex offense charge can have serious consequences, including the housing issues mentioned above, so avoiding a sex offender registry list altogether is the best defense against these consequences.
If you have been charged of a Los Angeles sex crime, you need a Los Angeles sex crime attorney team on your side to protect your rights at all times. The proximity of schools and parks to housing in Los Angeles makes it difficult for sex offenders to comply with the residency rules placed upon them. Having a knowledgeable and professional team on your side will prove to be beneficial to you as housing becomes increasingly scarce for registered sex offenders. The team at Kestenbaum, Eisner & Gorin, LLP can help protect your rights as a parolee and will fight to keep you off of sex offender registry lists so that you can live your life as normally as possible. Contact us immediately at 1-877-781-1570 for more information on Los Angeles sex crimes and how our team can help you in your time of need.
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A recent rape has shocked the city, surrounding areas and school administrators. Three teens in Richmond California were arrested on charges of gang raping a 15-year-old girl outside a high school dance while as many as two dozen people stood around watching and not calling the police. The defendants are all under 18 and did not enter pleas in their case. The case is so serious that the defendants wore bullet proof vests in court for fear that they could be shot.
A sex crime such as this could lead to decades in prison for any defendants, including those under the age of 18. These individuals were reportedly recorded on cell phones, with people standing around laughing during the incident. These individuals are charged with an assort of crimes, including rape, sexual penetration with a foreign object, robbery and assault causing great bodily harm. Los angeles sex crime attorneys in such cases would have to work incredibly hard to prove innocence, since the jury, public and even the courts would be biased in such a salacious case.
While this incident happened in Northern California, sex crime cases can be no less publicized by the press. Having a skilled los angeles sex crime defense attorney working for you can help protect against a biased court, biased jury and intense public scrutiny. For example, even though this case is being made very public, the evidence has yet to be examined and the trial has yet to happen. These individuals are worthy of a fair trial under the U.S. Constitution, which people often forget in such a case.
If you've been charged with, or accused of, a sex crime, contact the Los Angeles sex crime defense attorneys at Kestenbaum, Eisner & Gorin at 877-781-1570.
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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.