Sex Crimes

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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California Penal Code 288 and 261 Convictions in Oakland Exonerated

Unfortunately, the story of Johnny Williams is not uncommon.  In 1998, a 9-year-old girl was raped while on her way to school close to MacArthur Boulevard and 82nd Street.  She told her mother that the man had called himself “Johnny.”  Thinking of the only man with that name that lived in the neighborhood, the girl’s mother led police to Williams and the child identified him at trial.  Yet, Williams maintained his innocence, even after spending the last 14 years in the San Diego state prison for the crime and he finally solicited the help of The Innocence Project out of...

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UC SANTA CRUZ WOMAN MAKES FALSE CHARGES OF RAPE

Officers took the young woman seriously when she claimed she’d been attacked in dark area between classrooms this February 17th – after all, rape is a serious crime and should not be taken lightly.  But what happens when those accusations turn out to be false?  Making false accusations is a criminal offense in the state of California, covered by the California Penal Code, § 148.5 (False Report of a Criminal Offense).Certainly, there is also a stigma that follows even those who have been accused of a rape that they did not commit.  Penal Code 261 PC defines “rape” in California...

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