Child pornography Is this my first offense?

Asked over 2 years ago - Bakersfield, CA

Hi so this year police FBI search my computer saying that I possessed child pornography. They searched and found nothing. Would that be my first offense? If I ever go to court again on a case like child porn,my (statement above) would me going to court be my second or first offense? What would be th penalty for second offense I heard it would be 15 years is that true?

Attorney answers (3)

  1. James H. Dippery Jr

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I agree wholeheartedly with the first answer, in particular the last comment. If you are concerned about what might happen with a 'second offense,' even though you escaped having a 'first offense,' I suspect you are an offense waiting to happen. Get whatever help you might need to avoid that happening.

    Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is... more
  2. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . An "Offense" with reference to "First Offense," "Second Offense," etc generally refers to being convicted of an offense. Have you been convicted of a crime? If not, then you do not have a First Offense. If the police search your computer, find nothing, and give it back to you, you do not have a First Offense.

    Now that I have said that, your question bothers me a little (or a lot). You sound like you are trying to find out if you can look at child pornography and if caught, would it be your first or second offense? If that is the case, go get help and never, NEVER, do such a thing!

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more
  3. Curtis Lamar Harrington Jr

    Contributor Level 20

    Answered . To drive the point home, a link below is provided to the Gourde case, 9th circuit. It means you should consider every site as a sting site and never join any site, and do not download anything on your computer. The predecessor case held for suppression and the later rehearing of the same case for "no suppression". Avoid temptation to do illegal things.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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