does an attorney have to report child porn when client reports it to him

by Johan Bauch 3 min read

What is Mandatory Reporting Act?

Mandatory reporting is the legislative requirement for selected classes of people to report suspected child abuse and neglect to government authorities.

Are lawyers mandated reporters in CA?

While California law does not view attorneys as mandated reporters, an attorney may decide that such reporting is in the best interests of the child or otherwise is the right thing to do — this will not fall under the purview of Rule 3-100.

Is viewing the same as possessing?

Possession, Viewing and the Internet Browser Cache It is important to recognize that according to child pornography laws, viewing child porn does not constitute possession.

How do I report obscene content?

To file a complaint about obscene or indecent material broadcast over the radio or television, contact the Federal Communication Commission (FCC) Consumer Complaint Center online at https://consumercomplaints.fcc.gov/hc/en-us or by calling the FCC at 1-888-CALL-FCC (1-888-225-5322).

What are the 4 types of mandatory reporters?

020(10), mandatory reporters are: DSHS employees. Law enforcement. Social workers and professional school personnel.

What are mandated reporters required to report in California?

Mandated reporters are required by the state of California to report any known or suspected instances of child abuse or neglect to the county child welfare department or to a local law enforcement agency (local police/sheriff's department).

Do deleted images count as possession?

Merely being in possession of the hard drive from which images had been deleted was not enough to put a person in possession of the images. “Possession” of indecent images would only be established if it could be said that the person had “custody or control” of them.

Can Google searches get you in trouble?

Google is not the police. In most cases, Google will not report suspicious searches unless circumstances call for it. Child pornography is a prime example. While Google isn't required to actively monitor illegal content, it may, however, report crimes such as child pornography.

Can Google searches be illegal?

Using a search engine to search for illegal internet activity is a crime, and police can use your search behavior, search history, and social network to establish intent or conspiracy to commit a worse offense like possession of child pornography or even murder.

What is considered obscene material?

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography — material of a sexual nature that arouses many readers and viewers — receives constitutional protection.

What is obscenity in media law?

Obscenity is a legal term that refers to anything that offends a person's morals. This may be doing something that is indecent, lewd, or obscene. Obscenity is commonly used in reference to pornography, though it pertains to much more.

What do you do when your child seems inappropriate?

My child has seen something inappropriate – what do I do?Stay calm. ... Think about how your child is feeling. ... Find the right moment to talk and listen to what they say. ... Agree together what actions to take.

What did California Assembly Bill 218 do?

To put it in simple terms, the California Assembly Bill No. 218 increased the amount of time victims of childhood sexual abuse have to file a law suit agaist their abuser.

What happens if a mandated reporter fails to report in California?

Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to 6 months in a county jail or by a fine of $1,000, or both.

Who is a mandated reporter in California for elder abuse?

Mandated reporters are healthcare providers, licensed or unlicensed social service providers for vulnerable adults, paid or unpaid caretakers, care custodians, the clergy, and other professionals in a position of trust who suspect elder or dependent adult abuse or neglect, including self-neglect.

Which type of law or laws can contain mandatory reporting requirements?

The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires each State to have provisions or procedures for requiring certain individuals to report known or suspected instances of child abuse and neglect. 1 For this publication, information regarding mandatory reporting laws was collected for all States.