Child Pornography

San Jose Police Officer Arrested for Possession of Sexually Explicit Photos of Minor

In an age where technology rules the day – for law enforcement officials and for average citizens – Facebook and other social media sites have come to be fruitful places for evidence against individuals who have been accused of inappropriate conduct with minors.  The latest of these cases comes from Santa Clara County, where a San Jose police officer has been arrested on two felony counts of this kind – 1) possession of sexually explicit photographs of a minor girl and 2) for communicating with this same minor girl in an attempt to gain sexually explicit photographs.Anthony “Tony” Fregger has...

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Fremont Teacher’s Recipe Web Search Ends in Molestation Charges (CA Penal Code §288)

63-year-old Michael Shoop’s living nightmare began 10 years ago, when he was arrested on child pornography charges and then sentenced to one year and one day in federal prison.  His defense?  The images showed up on his computer after he did a search on the Internet for recipes to make an asparagus dish.  What does asparagus have to do with child pornography? Evidently, the word is a slang term for a young boy’s genitals.  So, Shoop was convicted of the charges, served his term, and made a deal with the authorities – he would register as a sex offender and...

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Juveniles Arrested in Pott Case will not be tried as adults (CA Welfare & Institutions Code §602(b);707))

When 15-year-old Audrie Pott took her own life this past September, it was, her mother claims, it was the fault of 3 boys who sexually assaulted Audrie at a party, then shared pictures of the assault with the entirety of her Saratoga high school.  Each of the boys involved were arrested for 1 misdemeanor and 2 felony counts each, including charges of sexual assault, penetration with a foreign object, and possession of child pornography.  In September, the 3 were removed from the Saratoga High School football team, but not expelled from school as the assault happened away from school grounds...

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Distribution of Child Pornography Charges Dropped under CA Penal Code §311.11

Judge Jerome Benson cut Gilbert Lam’s bail back from $250,000 to $80,000 due to lack of evidence that the 37-year-old had distributed the images of child pornography found in his home (CA PC311). It is not unusual for law enforcement officials in California to charge an individual with distribution of child pornography when such pornographic images are found on a personal computer.This was exactly the case for Lam, whose home was searched this past August by San Francisco police.  The investigation was stymied for a number of months, however, because Lam had managed to deftly encrypt the files on his...

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Distribution of Child Pornography Conviction in California

33-year-old Peter Ruiz of San Bernardino has been sentenced to 25 years for the creation, production, and distribution of child pornography.  Ruiz filmed his abuse of three young boys living in his neighborhood and then traded and sold the images online.  When area law enforcement officials raided his computer this past Halloween, they found over 6,000 pornographic images of children in addition to approximately 600 videos of the same type.Possession of child pornography may be considered either a misdemeanor or felony in California, depending on the particular circumstances of a client’s case (CA Penal Code, §311-312.7).  However, the federal government...

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Sex Crime Attorneys Believe Pocket Parks are Overly Restrictive

There is no doubt that California’s sex offender registry requirement (CA Penal Code, §290.46) has always been a hotly debated topic, but in Los Angeles, citizens seem to have taken matters into their own hands.  In the Harbor Gateway area, plans are in the works to build one of the state’s smallest parks – a "pocket park" of 1,000 square feet – specifically in order to keep registered sex offenders from living in proximity to the region.  Many individuals on California’s sex offender registry have been forced into homelessness – a situation in which it may be impossible for them...

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