Los Angeles Child Pornography Defense Attorney

Knowledgeable Los Angeles Child Pornography Defense Attorney Can Help With Accusations

The word child pornography is associated with so much bias that a simple accusation is enough to get you instant public judgment even when you’re innocent. The state of California has also taken a greater interest in the prosecution of this crime, making the consequences extremely dire.

In addition to paying a hefty fine, you may face prison time when found guilty and will be required to register as a sexual offender. Perhaps the most emotionally damaging effect of being accused of child pornography is that you could end up losing family and friends.

If you’re facing child pornography allegations in Los Angeles, here’s everything you need to know according to our Los Angeles Child Pornography Defense Attorney!

What Is Child Pornography?

The scope of child pornography under California law is fairly wide and includes the representation or materials of children below 18 years simulating sexual conduct or engaging in sexual intercourse. It takes various forms, including;

• Computer-generated equipment
• Photocopies
• Films and film strips
• Computer hardware and software
• Photographs and negatives
• Video laserdiscs and videotapes
• Slides

Under the California Penal Code Section 311.4, sexual conduct is broadly defined and includes;

• Anal oral copulation and anal intercouse
• Sexual intercourse
• Sexual sadism and sexual masochism
• Oral copulation
• Bestiality
• Masturbation
• Use of objects to penetrate intimate body parts in a sexual way.
• Excretory functions performed in a sexual way or to arouse sexual desire
• The exhibition of private body parts for sexual stimulation.

It also includes simulated sexual conduct, which occurs when certain acts indicate sexual conduct.

Child Pornography Charges in California

There are various California laws against child pornography, most of which target specific behaviors. However, all of them prohibit either the creation, possession, or distribution of child pornography.

Under the California child pornography laws, the various charges include;

1. Possession of Child Pornography

Under the California Penal Code Section 311.11 PC, for you to be charged with this crime, you must be aware of the material you have in your possession and that it depicts child pornography acts. Due to the wide usage of the internet, it’s possible for someone to download child pornography on your devices without your knowledge or to bump into child pornography sites.

In such cases, the judge has to examine the specific details of your charges to determine the right sentence, and it could either be a felony or a misdemeanor. Some of the factors they will consider include the type of material in your possession, the number of pictures/videos you have, and your prior criminal record.

2. Distribution of Child Pornography

Under the California Penal Code Sections 311.1 and 311.2 PC, anyone that knowingly exhibits, exchanges, or distributes child pornography is liable for criminal charges. This includes;

• Owning child pornography materials.
• Bringing or sending child pornography in and out of the state.
• Preparing, producing, or publishing child pornography.
• Duplicating, developing, or printing child pornography.

The seriousness of your charges will be dependent on whether you intended to use the child pornography for commercial uses, how obscene the materials were, and who you intended to send them to.

3. Sexual Exploitation of a Child

If you develop, print, or duplicate child pornography materials, you’re liable to wobbler or felony charges. It doesn’t matter that you didn’t intend to distribute the material. The documentation itself warrants criminal charges.

Other child pornography crimes include;

• Hiring minors to engage in child pornography.
• Advertising child pornography.
• Persuading or coercing a minor to engage in child pornography.

Legal Defenses for Child Pornography Charges

1. Illegal search and seizure

The officers obtained the evidence being used against you unlawfully. They didn’t have a warrant or actionable cause to search your possessions.

2. Entrapment

You were unlawfully tricked into committing child pornography conducts. For instance, if an undercover officer or a citizen encourages you to discuss child pornography or tricks you into purchasing child pornography material, you cannot be held liable.

3. Innocence

Sometimes you could click on a pop-up that drives you into a child pornography site, or it could be that you clicked on a spam link. If you’re an unwilling or unknowing participant in child pornography, you cannot be convicted. You just have to prove that the materials were obtained unintentionally.

4. The content isn’t applicable

If the content does not fit the state’s definition of child pornography, you can’t be convicted. This also applies if the film you have has been rated by the Motion Picture Association of America (MPAA)

5. Age

You must know that the parties involved in the material are below 18 years either because they were described or depicted as such. It’s, however, important to note that ignorance is no defense, and even if you didn’t know the age of the minor or assumed their age, you’re still guilty.

6. False accusation

This is applicable if someone is framing you for child pornography charges. You must show why they would level such charges against you.

7. Psychological addiction

A medical professional has to testify that you have a psychological addiction but are remorseful for your acts. In such situations, instead of a prison sentence, you may be asked to go for counseling.

Penalties For Federal Child Pornography Charges

Due to the wide range of behavior that defines child pornography, the criminal charges you face are dependent on the conduct you’re being accused of.

1. If you’re a first-time offender of child pornography possession, you can be charged with a felony and be liable to $2,500 in fines and/ or 12 months in state prison. Those who have been convicted for child pornography possession in the past have to register as sex offenders and can be charged with a felony that’s punishable by 2,4, or 6 years in state prison.
2. If you’re found guilty of possessing, distributing, and transporting obscene child pornography, this is a wobbler, punishable with a $10,000 fine and a 2,4 or 6-year jail term in state prison. The commercial distribution of child pornography is a felony charge punishable by the same terms.
3. First-time offenders of child exploitation for child pornography are charged with a wobbler that’s punishable by a $2,000 fine and 12 months in a Los Angeles County jail. Subsequent offenses are treated as felonies punishable by $10,000 in fines and 16 months, 2, or 3 years in state prison.

Get Legal Help – Speak with Los Angeles Child Pornography Defense Attorney

While the court appoints a public defender for the accused, most of them often handle multiple cases at once and may not give your case the attention it deserves. This is why you should hire a qualified private attorney that can effectively defend you against the allegations being faced.

Due to the seriousness of child pornography, most attorneys also shy away from taking such cases, but we don’t. We believe in upholding our client’s rights by defending them aggressively.

If you’re facing pornography charges in Los Angeles, let us help you. Contact us today for a free consultation with our Los Angeles Child Pornography Defense Attorney.