Ambrosio E. Rodriguez

LOS ANGELES CRIMINAL DEFENSE ATTORNEY
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Los Angeles Teacher Arrested on Felony Child Porn Charges

A Los Angeles-area Catholic school teacher has been arrested on felony child pornography charges. The teacher was 46-year-old Nain Edrad Doporto, the who served as the video production teacher and theatre director at Saint Genevieve High School in Panorama City.

According to reports, Doporto’s name came up in a report generated by the National Center for Missing and Exploited Children. Los Angeles police investigated and determined that he was in possession of pornography materials depicting children.

What Does it Mean to Possess Child Pornography?

Under Penal Code Section 311 PC, it is a crime to knowingly possess any obscene depiction of any person “under the age of 18 years personally engaging in or personally simulating sexual conduct.” This applies to:

  • Film and filmstrips
  • Photographs and negatives
  • Slides
  • Photocopies
  • Videotapes
  • Video laser discs
  • Floppy discs and other data storage media
  • CD-ROM, or
  • Computer-generated image.

In other words, it’s illegal to bring or cause photographs, images, or videos of an underage person having or simulating sex into the state of California.

Is Possession of Child Pornography a Felony?

Possession of child pornography is a wobbler in California. Simply put, the crime can be charged as a misdemeanor or a felony, depending on the circumstances.

Misdemeanor Possession of Child Pornography

You might face misdemeanor charges if this is your first arrest or you show remorse for your actions. As a misdemeanor, you can face up to 12 months in a Los Angeles County Jail and be required to pay up to $1,000 in fines. Your sentence may also include probation. To satisfy your probation requirements, you may have to get counseling, abstain from drug and alcohol use, and perform community service.

Felony Possession of Child Pornography

You might be charged with a felony count of possession of child pornography if you have a large stash of illicit materials, produce or sell the material, or have prior arrests (or convictions) for similar offenses. As a felony, possession of child pornography carries up to three years in a California state prison and $10,000 in fines. Again, you may also be sentenced to probation, which can include mandatory counseling and treatment.

If you’re convicted for possession of child pornography, regardless of the charge, you’ll be required to register with the state as a sex offender. As a registered sex offender, your name and information will be on a database that’s searchable by the public. You’ll also have to give up certain liberties and rights, including where you live and travel. You won’t be able to live within 2,000 feet of a school, park, or other places where kids can generally be found.

Don’t think about skipping the registration process. Failing to register as a sex offender – which includes keeping your registration current every year – is a crime.

How Can I Defend Myself If I’m Arrested for Possession of Child Porn?

The state has the burden of proving that you’re guilty of a crime. You have the opportunity – and right – to defend yourself. A strong defense can make all the difference in the world when you’re facing serious criminal charges.

Defenses that might help you contest child porn charges include:

  • You didn’t know you had the materials in your possession
  • The materials were planted by someone else
  • You’ve been falsely accused
  • The depictions in the images aren’t obscene or sexual in nature
  • The individuals depicted in the materials are at least 18 years old, or
  • Violations of your Constitutional rights.

If your rights have been violated, the state shouldn’t be allowed to benefit. An experienced criminal defense lawyer can review your case and challenge any evidence that was obtained illegally.

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