Portland Child Pornography Defense Lawyers
Personal Representation Throughout the Criminal Process
In Oregon State court, child pornography cases are prosecuted with increasing regularity. These prosecutions can be broken down by the nature of the activity. The making or producing of CP is governed by ORS 163.670 which makes it a class A felony to use a child in a display of sexually explicit conduct. A conviction under this statute carries with it a mandatory minimum 70 month prison sentence under Ballot Measure 11. Distribution of CP is covered by ORS 163.684, titled Encouraging Child Sexual Abuse in the First Degree which makes it a class B felony to distribute or exchange images of CP. Simple possession of CP Is governed by ORS 163.686 which makes it a class C felony to possess images of CP.
At the law office of Kohlmetz, Steen & Hanrahan, P.C., we have an in-depth understanding of how to defend your rights. Contact our law firm online or call (503) 303-0771 to schedule a free initial consultation.
Insights & Experience to Guide You Through Your Case
The vast majority of state court CP prosecutions involve the use of peer-to-peer network sharing software. Such programs when installed allow the user to automatically search a file directory in the computers of other network users anywhere in the world for CP images. By default, when installed many of these programs create a file directory on the local computer that other network users can access. Law enforcement have special versions of these software programs that allow them to monitor the trafficking of CP over these networks. From these programs, law enforcement officials can get the IP addresses of internet connected devices that are trafficking in such images. It is an easy task to then associate the IP address with a physical address. That’s when the knock at the door comes in, or if you are unlucky, the door is broken down. Because of the “sharing” nature of peer-to-peer software, almost all such cases are now charged as the first degree variety.
While less serious than the production of CP, the possession or sharing of it alone can lead to extensive prison sentences. This is because under current Oregon law, the downloading or possessing of each separate image is a separately punishable offense. With the rise of peer-to-peer file sharing software it is not uncommon to see cases where hundreds if not thousands of images have been downloaded and stored on a local hard drive, perhaps even a tiny flash drive.
Extensive psycho-social research and the use of risk assessment tools have demonstrated that most people convicted of passive CP offenses who receive appropriate treatment present a very low risk to the community. Nonetheless, lengthy prison sentences can be imposed even in simple possession cases. Moreover, convictions for any CP related offense requires registration as a sex offender under bith state and federal law. This registration period can be for life.
Consult with Our Portland Child Pornography Defense Lawyers
For a free initial consultation with a lawyer regarding your offense in the Portland area, contact our law firm online.