Child Pornography Lawyer in Honolulu, Hawaii

Child Pornography Charges Under State Law

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:

• Sexual intercourse – real or simulated – between persons of the same or opposite sex
• Masturbation
• Bestiality
• Sexual penetration
• Deviate sexual intercourse
• Sadomasochistic abuse
• Sexually showing a minor’s genital or pubic area

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:

• Produces or participates in preparing child pornography
• Produces or participates in preparing pornographic material that uses or contains a minor engaging in, or assisting others engaging in, sexual conduct
• Engages in a pornographic act that uses or contains a minor engaging in, or helping others to engage in, sexual conduct

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:

• Disseminates or reproduces child pornography with the intent to disseminate it
• Disseminates a book, magazine, periodical, film, videotape, computer disk, or any other material containing an image of child pornography
• Disseminates pornographic material which uses or contains a minor engaging in or assisting others engaging in sexual conduct
• Possesses 30 or more images of child pornography; the content includes at least one image of one or more minors younger than twelve, a minor suffering sadomasochistic abuse, or bestiality involving a minor

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:

• Child pornography
• Any book, magazine, periodical, film, videotape, computer disk, electronically stored data, or any other material that contains an image of child pornography
• Any pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others engaging in sexual conduct

The maximum prison sentence for a Class C felony is five years.

Federal Child Pornography Charges

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:

• The production of child sexual abuse material – CSAM, or child pornography
• Online networks and enterprises making, trading, distributing, and/or selling CSAM
• The CSAM trafficking, including distribution or possession

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:

• A first-time offender convicted of producing child pornography could be fined and imprisoned 15 to 30 years
• A first-time offender convicted of transporting child pornography in interstate or foreign commerce faces fines and a five-to-20-year prison sentence
• There are increased penalties if the images are violent, sadistic, or masochistic; the child in the image was sexually abused, or you have prior convictions for child sexual exploitation. In these situations, a convicted offender may face up to life imprisonment

Possible Defense to Child Pornography Charges

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:

• The images may not be of a minor
• You may not have known images were in your possession or on your computer
• Malware may have planted the images on your computer
• The collection of evidence against you may have been improper, so it shouldn’t be used against you
• You weren’t given a Miranda warning in a timely way, so statements you made shouldn’t be used
• You were entrapped by law enforcement who set up an illegal “sting” operation

Child Pornography Lawyer Michael Fayard Can Help

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.