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Online formIf you’re being investigated for a possible child pornography crime or have already been arrested, depending on the circumstances, if convicted, you could spend many years in prison. You don’t have time to waste. You must protect your rights and your freedom by getting the legal help you need.
Michael Fayard is a child pornography lawyer in Honolulu who will listen to your side of the story and treat you with respect. He represents people accused of child pornography offenses on O’ahu and neighboring islands. Attorney Fayard is not here to judge you. His primary goal is to defend your rights.
Call today at (808) 445-6708 or use our online contact form to reach out for a free consultation.
Under Hawaii law, it’s illegal to produce, distribute, or possess child pornography. It’s defined as any pornographic visual representation that involves the use of a minor – a person younger than 18 years old – engaging in sexual conduct, or it appears a minor is engaging in sexual conduct.
The “sexual conduct” definition includes:
First-degree promoting child abuse is classified as a Class A felony under Haw. Rev. Stat. § 707-750. It states that the offense is committed if a person, knowing or having reason to know its character and content:
A conviction carries 20 years in prison without the possibility of a sentence suspension or probation.
Second-degree promoting child abuse is a Class B felony under Haw. Rev. Stat. § 707-751. This crime is committed when a person knows or has reason to know its character and content and:
The maximum prison sentence for a Class B felony is 10 years.
Third-degree promoting child abuse is a class C felony under Haw. Rev. Stat. § 707-752. This crime is committed when, knowing or having reason to know its character and content, the person possesses:
The maximum prison sentence for a Class C felony is five years.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
Depending on the facts, you may be prosecuted for both state and federal charges relating to child pornography. The Federal Bureau of Investigation investigates contact offenses against children, including:
Federal law defines child pornography as visual depictions of sexually explicit acts involving a minor. They can be photographs, videos, digital, or computer images. Undeveloped film, videotape, or electronically stored data that can become a visual image of child pornography are also illegal. The image need not show sexual activity. If the child is naked, the image can be considered pornographic if it’s sexually suggestive, according to the Department of Justice.
There could be federal child pornography charges if the offense occurred in interstate or foreign commerce. This includes using the U.S. Mail or common carriers – like an airline – to transport it across state or international borders. Federal law applies if the Internet is used as part of the crime. What’s discussed in chat rooms and social media could be used as evidence.
Even if the image didn’t travel across state or international borders, federal law could come into play if something used for the crime – like a computer or a CD-ROM – originated or previously traveled in interstate or foreign commerce. Sexting could be a federal crime if those involved are in different states and smartphones and telephone networks are used.
If you’re found violating a federal child pornography law, you will face severe penalties:
If you’re being investigated or already arrested for a child pornography charge, don’t give up. You have legal and constitutional rights protecting you and forcing the prosecution to prove, beyond a reasonable doubt, that you’re guilty.
Michael Fayard will thoroughly investigate your case and develop effective defenses that could lead to withdrawal or reduced charges.
Those defenses depend on the facts of your situation and how the police and prosecutors handled your case:
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Attorney Michael Fayard has prosecuted and defends clients accused of breaking the law, including those accused of sex crimes and child pornography. As a former prosecutor in Florida and Hawaii, he learned how to approach cases to get convictions. As a defense attorney, he knows how the other side works and what will be used against you. Fayard will prepare for and counter how the prosecution presents its case.
You may feel overwhelmed, but criminal charges on O’ahu are not convictions. There’s a lot an experienced criminal defense lawyer can do for you or a loved one who’s been arrested. We provide affordable, flat-fee representation. There’s no charge for your initial consultation to discuss your case and how you might be defended.
Contact Michael Fayard online or call him at (808) 445-6708 today.