Child Pornography: California Penal Code 311.11

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Los Angeles Child Pornography Defense Lawyers

California Defense Attorney Representing the Rights of People Accused

If you are under investigation for activity related to child pornography, it is critical that you retain an experienced California child porn defense attorney as soon as you can. Offenses involving the creation, possession, or distribution of child pornography can result in severe legal penalties, including significant fines, jail time, and the requirement that you register as a sex offender – for the rest of your life.

Fortunately, in many cases, there are things that a criminal defense lawyer in Los Angeles can do to do to mitigate the consequences you are facing and may even be able to have the charges against you dropped entirely. As a defendant, it is important to remember that you may not recognize that there are defenses available to you, so you should always talk to a lawyer about your case. In addition, even if there are no defenses available in your case, a lawyer will probably be able to get you a plea bargain deal that is significantly better than one you would get on your own.

To schedule a free case evaluation with one of the experienced California criminal defense lawyers at the Law Offices of David S. Chesley, contact us online or call our office today at 800-755-5174.

Criminal Offenses & Penalties Related to Child Pornography

Very broadly speaking, California law prohibits the creation, or possession material depicting a person under 18 years old engaging in or simulating sexual conduct. Here are some specific examples of conduct related to child prohibited by the California penal code:

• Production
• Possession
• Distribution
• Transportation
• Advertising
• Employing a minor to perform prohibited acts

Many of these crimes are “wobblers,” meaning that they can be charged either as a misdemeanor or a felony. Here are some of the specific penalties for child pornography offenses:

Possession of Child Pornography

• First offense – If brought as a misdemeanor, punishable by up to one year in jail and fines of up to $2,500. If brought as a felony, up to one year in prison and $25,000 in fines.
• Subsequent offense – A subsequent offense is always a felony, punishable by 2,4, or 6 years in prison and a requirement that you register as a sex offender.

Distribution of Child Pornography

• Under 311.1 and 311.2, it is against the law to knowingly exhibit, distribute, or exchange child pornography. Offenses under this section are wobblers and can be charged either as misdemeanors or felonies. Misdemeanors will always have a maximum sentence of one year in prison.

Possession, Distribution, or Transportation of Obscene Child Pornography

• Also a wobbler, this offense is punishable by 2, 4, or 6 years in prison and up to $10,000 in fines

Commercial Distribution of Child Pornography

• This offense is always a felony and is punishable by 2,3, or 6 years in prison and $100,000 in fines.

Distribution of Child Pornography to Minors

• Distributing child porn to minors is a felony offense that can result in 16 months, 2 years, or 3 years in prison and a fine of up to $10,000.

Distribution of Child Pornography to Adults

• This offense is wobbler that can either be charged as a misdemeanor or a felony. When a felony, it can result in 16 months, 2 years, or 3 years in prison and up to $10,000 in fines.

Sexual Exploitation of a Child:

• First offense – wobbler, up to one year in jail and $2,000 in fines.
• Subsequent offenses – Felony charge punishable by 16 months, 2 years, or 3 years in prison and a fine of up to $10,000.

Employing or Using Minors for Child Pornography

• First offense – wobbler, up to a year in prison and a fine of $2,000.
• Subsequent offenses – felony charge punishable by 16 months, 2 years, or 3 years in prison and a fine of up to $50,000.

Coercing Behavior for Child Pornography

• Felony offense, punishable by 16 months, 2 years, or 3 years in prison and a fine of up to $10,000. If the materials are intended for commercial distribution, the potential prison time increase to 3, 6, or 8 years in prison.

Advertising Child Pornography

• This offense is a wobbler, with a felony offense punishable by 2,3 or 4 years in prison and a fine of up to $10,000.

The Collateral Consequences of a Child Pornography Conviction

While jail time and fines are certainly severe penalties, the fact that a child porn conviction will result in the requirement that you register as a sex offender is the most serious consequence associated with these offenses. Worst of all, under current California law, anyone convicted of a child porn offense will be required to register as a sex offender for the rest of his or her life, which means that, if convicted, you have to deal with the consequences of your past for the rest of your life.

Registering as a sex offender means you will be part of an easily searchable database where anyone can find out details about your conviction. This can make it difficult to get a job, rent an apartment, and even make friends. Because of the potentially severe and long-term consequences associated with sex offender registration, if you’re facing allegations of crimes related to child pornography, you need to speak to an experienced Los Angeles criminal defense attorney as soon as possible. Your entire future may depend upon it.

Potential Defenses to Child Pornography Charges

If you’ve been charged with a crime related to child pornography, it can be easy to feel like you have zero options. In reality, however, there are often defenses available in child porn cases and defendants who fail to speak to a lawyer often end up with much worse outcomes than they would have been able to obtain had they retained a Los Angeles criminal defense attorney to represent them. Some of the more common defenses raised in child pornography cases include the following:

• Suppression of Evidence Based on 4^th Amendment Violations – Child pornography cases often arise after law enforcement conducts an investigation involving a suspect’s communication as well as a search of his or her home and electronic devices. If the police violate a person’s rights during a search or seizure (for example, by not obtaining a warrant to conduct surveillance or performing a warrantless search without probable cause), any evidence they obtained will likely be deemed inadmissible by the court. Without access to the evidence of the child pornography discovered, the case will likely be dropped or dismissed.
• Lack of Knowledge – Child pornography crimes typically require that the accused acted with knowledge with respect to the prohibited conduct. In the internet age, it is entirely plausible that a person may end up possessing or sharing files that contain child pornography without any knowledge. Many file-sharing programs run “in the background,” meaning that a computer user is not necessarily aware of the fact that they are running at all during regular use. In addition, email scams and malware can install files onto a person’s computer without their consent or knowledge, potentially resulting in unknowing possession of offensive or illegal files.
• Performer Over 18 – If the performer in the alleged child pornography was over 18 at the time of the creation of the material, the statute does not apply.
• Entrapment – Entrapment occurs when a person is induced to commit a crime by government agents (in most cases, the police) that he or she would not have otherwise committed. For example, if the police virtually approached a person who was viewing legal pornography and offered to sell material without disclosing the fact that it contained child porn and attempted to make an arrest after the sale, the accused could likely raise an entrapment defense.

The fact that these or other defenses may be available in your case may not be apparent to someone without significant legal training and experience, so it is important to have your case reviewed by an attorney immediately. In addition, even in cases where there are no defenses available, a skilled California criminal defense lawyer may be able to negotiate a plea bargain arrangement that significantly reduces the charges you are facing or allows you to avoid the most serious penalties associated with the offense of which you are accused.

Call Us Today to Schedule a Free Consultation with a Child Pornography Defense Attorney in Los Angeles

If you have been charged with a crime related to the creation, possession, or distribution of child pornography, it is vital that you speak to an experienced lawyer as soon as you possibly can. The sooner a California criminal defense attorney becomes involved in your case, the sooner he or she can start formulating a defense that will limit the legal consequences that you are facing. In fact, in some cases, an attorney may be able to prevent charges from being filed at all.

With over 50 years of courtroom experience, the lawyers of the Law Offices of David S. Chesley are qualified to handle the most serious of criminal cases. We are committed to doing everything we can to bring your case to the best resolution possible and are tough negotiators and skilled litigators. To schedule a free consultation with a California criminal defense lawyer, call our office today at 800-755-5174 or contact us online.