The federal and state legal institutions have expanded their attempts to come down hard on child pornography offenses and other related crimes. These crimes are not only rigorously pursued, but are also harshly punished. If you are found guilty of child pornography, you will most likely face prison time, substantial fines, and be obligated to register as a sex offender in California.

In addition to these negative repercussions, the stigma associated with a child pornography charge can have permanent effects on your personal life. Even though you have been falsely accused, your career prospects, education, and many other elements of your life could be jeopardized. If you are fighting child pornography allegations, having a highly qualified defense counsel on your side could be the only way to get the best possible result for your case.

If you are facing child pornography charges in Riverside, California, you can contact the Riverside Criminal Defense Attorney Law Firm. Unlike many lawyers who shy away from handling cases that involve child pornography, we believe in fighting for our clients' rights irrespective of the allegations they face. We will offer you the aggressive defense you deserve, regardless of whether you are fighting state or federal child pornography allegations.

What are the Child Pornography Laws in California?

Child pornography statutes in California are outlined in Penal Code § 311.1, 311.2, 311.3, 311.4, 311.10, and 311.11.

  • Penal Codes 311.1 and 311.2 criminalize knowingly sending, transporting, producing, possessing, or duplicating child pornography materials with intent to distribute
  • California PC 311.3 criminalizes knowingly developing, duplicating, printing, or exchanging any form of child pornography
  • California PC 311.10 makes it illegal to intentionally advertise indecent child pornographic material for distribution or sale
  • California PC 311.11 also makes it illegal to knowingly control or possess any child pornography created utilizing a child under the age of 18

These statutes frequently raise questions about the interpretation of:

  • Child pornography, deliberately and indecent or obscene

Child Pornography

"Child pornography" is interpreted as follows for the sake of these provisions:

  • Any materials or matter portraying sexual conduct by a minor below the age of 18

"Material or matter" encompasses the following items:

  • Films, pictures, slides, negatives, video recordings, or computer-generated materials

"Sexual conduct" encompasses the following acts:

  • Oral copulation, sexual intercourse, anal intercourse, or, masturbation

Deliberately

Under California child pornography statutes, a defendant will be found guilty when he or she acts deliberately. This implies that the offender As a result, the :

understood the content of the materials he or she was advertising, possessing, transporting, and so on, and was also aware that the content depicted a child under the age of 18 engaging in sexual activity

Obscene

According to several California child pornography statutes, this crime is committed solely if the pornographic content under discussion was "obscene."

A material is "obscene," when:

  • It depicts or portrays sexual behavior in a derogatory manner.
  • A sensible person would discern that it possesses no significant literary, aesthetic, social, or scientific merit, and
  • An ordinary adult would think that it would appeal to prurient interests

"Prurient interests" describes a sickening or repulsive fascination in sex, nudity, or excretion.

Child Pornography Charges in California

As mentioned above, child pornography is described in California PC 311 as the publication, creation, or distribution of any content that portrays minors (those below 18 years) in an actual or mimicked sexual scene. This content may take the shape of a photograph or picture, a computer-generated picture, a clip, or any other media.

In California, simply "sexting" a nude photo of a child can land you in problems with the law for child pornography. The following are among the most prevalent child pornography offenses convicted in California:

  • Distribution of child pornography
  • Possession of child pornography
  • Sharing of child pornography material by peers
  • Possessing obscene indecent material of children

The repercussions of child pornography offenses vary and can be severe. An accused person could lose his/her job, as well as individual and professional relations, along with social exclusion or even violent threats, or even worse.

Child pornography is considered a "wobbler" charge that can be prosecuted as either a felony or a misdemeanor based on the facts surrounding the case. If charged you could also receive several counts of possession for each child pornographic material you had in your possession.

Because of such reasons, criminal sanctions could quickly accumulate. If an offender is prosecuted in federal court, the consequences can be substantially worse.

Penalties for Child Pornography

Persons who are found with material containing or used in the creation of child pornographic material could face legal action under California Penal Code 311.11 for possessing child pornography. In a criminal court, the prosecution must demonstrate that the offender (in this example, the sex offender) had child pornographic material. The prosecution should also be capable of showing that the accused knew that the child pornographic material had children below 18 years.

Possession of child pornography with the intent to distribute is a misdemeanor offense under California PC 311 and can be punished as a felony offense based on the details surrounding the case. It is an offense in California under PC 311.2 to sell child pornography to a child below 18 years. It is also prohibited under the same penal code to share child pornography materials to sell or profit from it.

Possession of child pornography can result in charges under various penal codes. Based on the circumstances, a defendant could be convicted of a felony or a misdemeanor, each with its own set of fines and rules.

California PC 311.1 and 311.2

These two penal codes make it a crime to sell, transport, exchange, distribute, or copy child pornography. The consequences under this criminal code are increased if the content is deemed obscene, if it is shared or sold to an individual below 18 years, or if it is utilized for other commercial reasons.

A misdemeanor for possessing child pornography material is punishable by a maximum of one year in county jail or a one thousand dollars fine as per California PC 311.1. A felony for possessing child pornography material, on the other hand, can result in fines of up to ten thousand dollars and a maximum of three years in California state prison.

Distributing child pornographic material for commercial purposes is subject to punishment by a maximum of 6 years in jail as well as fines of up to a hundred thousand dollars under PC 311.2. Intention to distribute the material to a minor is charged as a misdemeanor punishable to a maximum of a year in state prison or one thousand dollars in fine as per PC 311.2. Felony charges for the intention of selling to a child can result in up to three years in a California state prison and ten thousand dollar fines.

Penal Code 311.4 criminalizes intentionally hiring, recruiting, or coercing a child to participate in child pornography. Defendants can be penalized under this criminal code even though they were not the material's producers. Simply soliciting or recruiting a minor for child pornography purposes is sufficient to have you convicted under this criminal code.

The first offense of PC 311.4 is a misdemeanor offense subject to punishment of a maximum of one year in jail and fines of up to a thousand dollars. A second violation of this criminal code is considered a felony and is subject to punishment of a maximum of three years in state prison as well as fines of up to $50,000.

PC 311.10 criminalizes intentionally advertising the distribution or sale of child pornography materials. Persons who utilize the internet to promote the distribution or sale of child pornography can face further penalties from the federal authorities.

Misdemeanor charges are subject to punishment to a maximum of a year in jail and fines of up to ten thousand dollars according to PC 311.10. Under this criminal code, felonies are punishable by up to four years in California state prison and fifty thousand dollars in fines.

The mere possession of child pornography is unlawful under Penal Code 311.11. First-time offenders face up to a year in state prison or $2,500 in fines. Repeat crimes can result in up to three years in California state prison and a $10,000 fine.

Penal Code 311.12 brings additional penalties for anybody found with child pornography materials in their possession. Defendants accused under this criminal code could face a maximum of 6 years in state prison when charged a second time or when they commit another sex offense. Furthermore, the accused (sex offenders) discovered with over 600 photos of underage minors face prison sentences of up to five years.

Sex offenders charged under the Criminal Statutes that handle child pornography are obliged to register as sex offenders upon their sentencing. Persons accused of a sex offense that involves child pornography in California have to register as sex offenders for the remainder of their existence.

On January 1, 2021, California law was modified to offer a difference between the registration obligations for various sex offenders. Defendants are now divided into 3 tiers, with Tier 3 enforcing the most stringent restrictions and guidelines for sex offenders.

Offenders categorized as Tier 3 sex offenders are now mandated to register as sex offenders for the remaining portion of their lifetimes, while offenders categorized as Tier 2 sex offenders are now obligated by law to register as sex offenders for 20 years, while offenders categorized as Tier 1 sex offenders are obligated by law to register as sex offenders for ten years.

While many child pornography charges have obligatory punishments, the court will usually look at the facts of the matter to decide on suitable sentencing. Among the elements that considered include:

  • The number of images you had in your possession
  • The forms of images or materials found in your possession
  • If you have a past criminal record or if you have been prosecuted or convicted of a sex offense in the past
  • A written statement from a psychiatrist or medical specialist on your chances of repeating the illegal acts

Often people are unaware of the consequences of watching or possessing material portraying a child since the internet has made it easy to get pornographic materials, including illegal photos. Similarly, child pornography could be transferred to another person's computer without them being aware as a virus or any other attachment to perfectly legal pictures which they have viewed, exposing an unsuspecting person to the repercussions of perpetrating a child pornography offense.

Luckily, your chances of being charged in this situation are substantially lowered because law enforcement is conscious of the problem and will analyze whether the defendant knowingly searched for or saw the photographs.

Regardless of whether you acquired child pornography material deliberately or unintentionally, you must enlist the advice of a defense lawyer who can investigate the circumstances of your situation and design the best available defense plan.

Other Consequences of Child Pornography Charges

Below are additional consequences of being charged with child pornography:

Immigration Consequences

On top of serving time behind bars or lengthy imprisonment, receiving heavy penalties, and being obliged to register as sex offenders, other harsh repercussions can arise from child pornography convictions in California. According to US immigration law, some types of felony convictions, particularly acts of moral turpitude, could result in the deportation of a non-citizen being or labeled as "inadmissible." When you are charged with child pornography, you can face unfavorable immigration implications.

Firearm Restrictions

Convicted felons are not permitted to own or carry a firearm under California law. As a result, if you have been arrested and convicted of a felony offense involving child pornography, you will forfeit your right to possess or carry a firearm.

Legal Defenses for Child Pornography Charges

If you've been accused of possessing child pornography, you have various legal options to defend your rights and prove your innocence in court. The prosecution often attempts to persuade the accused into entering a guilty plea in exchange for particular sentencing reductions or any other plea deals. Since certain child pornography offenses include mandatory terms, you mustn't enter a guilty plea even when coerced by the prosecution.

Furthermore, taking the guilty plea for child pornography accusations will expose you to social stigmatization as well as other long-term penalties that this conviction entails. Your best bet is to speak with a criminal defense lawyer who can help you develop a strategy to contest the charges against you. With the appropriate defense plan and an active legal team on your side, your matter could be dismissed, acquitted, or whichever the best available conclusion is.

Based on the facts of the case, your defense attorney could choose to use either of the legal defenses mentioned below to fight the child pornography allegations leveled against you:

Innocence

Did you get in trouble with the law enforcement authorities because of illegal spam or ad pop-ups? Did you inadvertently punch in an incorrect website address? Given the abundance of viruses or other harmful attachments to legitimate internet information, it is possible to become an unaware or unsuspecting participant in unlawful online activities. Luckily, if you could demonstrate that you didn't receive the information on purpose, you will not be found guilty of possessing child pornography.

Unlawful Search and Seizure

Were the items used as proof against you illegally obtained?

A legitimate search warrant is required for law enforcement personnel in California to initiate a search or seizure. If there is no legitimate warrant, they need to have legitimate grounds for not obtaining one. A defendant's defense is to demonstrate that he or she was subjected to a search or seizure and also that the law enforcement authorities had no valid warrant or didn't have a lawful reason for not having one.

Entrapment

Did someone (like an undercover police officer) persuade you to discuss or purchase child pornography even if you had not done that before? You can't be found guilty of an offense that someone coerced you into perpetrating.

The Content is Inapplicable

Any film rated by the Motion Picture Association of America is excluded from the California child pornography legislation. You cannot be found guilty of breaching California PC 311 when the material in question has been rated by the Motion Picture Association of America or maybe does not match the criteria of child pornography.

Age

Were the individuals depicted in the pornographic materials below the age of 18? To count as child pornography, a juvenile (somebody below 18 years) must be portrayed or characterized as engaging in sexual conduct. However, It should be noted that an uncertain age isn't a legitimate defense. For instance, if you have material portraying a 17-year-old involving sexual conduct but were not aware of the age of the person represented or imagined that they were older than 18, you will be charged with the possession of child pornography.

False Accusations

Have you been set up? Is it possible that someone has a grudge against you, which is why he or she is bringing these claims against you? If your attorney can prove to the court that the charges against you are false, then you cannot be found guilty of possession of child pornography.

Psychological Addiction to Pornography

Do you happen to have a mental addiction to the pornographic materials that were found in your possession but you are guilty about it? The court could consider a medical specialist's statement about your psychiatric condition, and you could be capable of getting counseling rather than being incarcerated.

Are You Eligible for Expungement?

A child pornography conviction on your criminal history could make life extremely tough for you. In California, expungement of the charge enables an accused person to retract any guilty plea or no contest plea, enter a not guilty plea, as well as dismiss the charges.

Alternatively, if the offender was sentenced after entering a not guilty plea deal, an expungement allows the court to erase the guilty plea. An expungement, if awarded, absolves an offender of any negative repercussions of a criminal charge, effectively cleaning his/her criminal record. Another advantage of having a record expunged would be that the conviction doesn't have to be reported to prospective employers.

Regrettably, although certain California criminal offenders could be entitled to receive an expungement of their records when they satisfactorily serve their probationary or prison terms, most sex offense charges involving a child, such as offenses related to child pornography under California PC 311, can't be expunged.

Even though you're not qualified for expungement under the California laws, you could have alternatives for relief after being charged with child pornography. For example, under PC 4852, you could be eligible to file a petition for a Certificate of Rehabilitation. Even though a Certificate of Rehabilitation doesn't erase your offense from your criminal history, it does show that you've been rehabilitated after your conviction.

In California, earning a Certificate of Rehabilitation automatically qualifies you for a governor's pardon. Even though you have a Certificate of Rehabilitation, your child pornography charges will still appear on a background investigation, but it also will inform prospective employers, a state licensing authority, and anybody else who conducts a background investigation on you that you're a law-abiding individual.

Find a Sex Crimes Defense Attorney Near Me

Since child pornography offenses entail the sexual abuse of minors, the penalty for a child pornography charge, as well as the collateral repercussions that convicted perpetrators face, could be quite harsh. Even an erroneous child pornography conviction can harm your image, ruin personal as well as professional connections, and have an adverse influence on a future career, housing, or even higher education prospects, among other things.

If you or someone you know has been accused of a child pornography offense, you should not delay in seeking legal representation. Contact the Riverside Criminal Defense Attorney Law Firm immediately to discuss your case with one of our reputable and trial-tested criminal defense attorneys in Riverside, CA. Call us at 951-946-6366 today.