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Child Pornography

PORTLAND CHILD PORNOGRAPHY SEX CRIMES LAWYER  

The most common form of illegal pornography is Child Pornography.

Is there a difference between Child Pornography and Child Sexual Abuse Materials (CSAM)?  Child pornography is the word used in Oregon laws prohibiting possessing, viewing, purchasing, duplicating, or distributing child pornography. The modern term for child pornography is Child Sexual Abuse Materials. So essentially, they mean the same thing.

Although there are other forms of illegal pornography, the most commonly prosecuted cases involve Child Pornography – CSAM.

Child Pornography Charges 

Encouraging Child Sexual Abuse in the Second Degree, ORS 163.686, includes possessing, purchasing, or viewing child pornography, such as on the internet.

Encouraging Child Sexual Abuse in the First Degree, ORS 163.684, includes duplicating or disseminating child pornography, which includes downloading it from the Internet or sharing a photo or video with another person. 

SOME PEOPLE GET ADDICTED TO PORNOGRAPHY.

Good but vulnerable people can get caught up in child pornography addiction.  Fortunately, addiction to pornography is treatable.   Attorney O’Rourke knows that child pornography addiction does not make someone a sexual predator.  Nor does it mean that a person is a pedophile.  Nevertheless, there is a lot of stigma attached to child pornography convictions, and sentences for such offenses often include terms in state prison or county jail.  Convictions also require supervised probation and some level of sex offender registration.

James O’Rourke’s methods for defending child pornography cases are effective.

James O’Rourke uses his time-tested and successful four-step approach in defending child pornography cases.

  1. Attack: James O’Rourke and his team carefully review every step of the police investigation and all of the state’s evidence. Mr. O’Rourke files motions to suppress evidence that was improperly seized without a valid search warrant.  If the motion to suppress is granted, the State has no admissible evidence, and the related charges must be dismissed.
  2. Negotiate: James O’Rourke’s effective negotiation strategies help his clients get the best possible results for their cases, including reduced charges and minimal sentences.
  3. Mitigate: James O’Rourke uses proven methods to get prosecutors and judges to impose appropriate sentences for his clientsMr. O’Rourke works to understand each client’s situation and to effectively tell their story.  This personal attention combined with his understanding of the legal system based on over 40 years of experience and expertise in addiction, help him get lenient sentences for his clients through negotiation or contested sentencing hearings.
  4. Turn Negatives into Positives: James O’Rourke knows that good people can become addicted to child pornography.  He knows that underlying conditions like trauma, PTSD and other addictions contribute people getting addicted to pornography.  He uses experienced experts to verify that his clients are not pedophiles and not a danger to the public.  They also verify that the client’s addiction to pornography is a treatable condition.  He helps clients begin their recovery from addiction with trusted treatment providers.  Clients who choose to follow his suggestions can turn their negatives into positives by using successful treatment of pornography addiction and its underlying causes and related conditions to get exceptional results from prosecutors and the court.
     

Penalties for Child Pornography Charges

Encouraging Child Sexual Abuse in the first or second degree are felonies.  A conviction of just one charge of First-Degree Encouraging Child Sexual Abuse or convictions of two charges of Second-Degree Encouraging Child Sexual Abuse can result in a prison sentence even if you have no prior criminal convictions.  Convictions for either crime require some level of sex offender registration. 

Sex Offender Registration Levels

There are three levels of Sex Offender Registration.  Level 1 is the lowest level, which requires reporting only to people who live with the registrant.

Level 2 requires significantly more reporting, including to residential neighbors and churches; community parks, schools, and childcare centers; convenience stores and businesses; long-term residential care facilities; and anywhere else that “children or potential victims may frequent.”

The most impactful is Level 3, which requires the most public reporting, including to media sources and on the public Oregon State Police Sex Offender Registry website. 

After 5 years as Level One (lowest level), a person may be relieved of the requirement of registering as a sex offender.  The lower the level that you start with, the sooner you may get relief from sex offender registration.  

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    The legal advise you provided as well as the expertise and professionalism you exhibited in court proceedings assisted us in obtaining a fair and equitable result.
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    "When I hired Mr. O’Rourke everything changed."
    He fought to get me into the Diversion program and helped me avoid a conviction on the DUII charge. This allowed me to remain in the service. I was impressed with how hard Mr. O’Rourke fought for me.
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    The representation, professionalism, knowledge, and true caring nature that James O’Rourke displays is rare and should be considered a gift to anyone that is presented with the opportunity to have him represent them.
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    My life is now heading in a very positive direction due to the help and support of James and his staff. Thanks for all of the help and hard work.
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    The way in which James approached my problem helped me to let go of my self-condemnation, fear, unworthiness etc and to just begin taking actions that were consistent with a real solution; actions that would take me up and out of my circumstances.
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Personal Service With Integrity
We prioritize integrity by offering compassionate support at every legal stage. Our team is committed to defending your rights and providing empathetic guidance, ensuring you feel understood and supported throughout your case.

Why Choose James O'Rourke?

  • Compassionate & Effective Representation
    We provide effective and compassionate defense, ensuring clients feel supported while vigorously protecting their rights.
  • Over 40 Years of Experience
    With four decades in the legal field, Attorney O'Rourke brings a deep understanding of the system, assuring clients of a seasoned advocate by their side.
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  • We Work as a Team for You
    We use three methods to fight the prosecution and win — attack, negotiation, and mitigation — focusing our time and resources where they are most productive in achieving our goals.
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