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Child Pornography Charges

Strategic defense for Child Pornography Charges

What Is Child Pornography?

Under California Penal Code 311, child pornography is illegal in California. The offense of child pornography includes distribution, transport, duplication, printing, advertising, or possession of child pornography. State law defines child pornography as images, videos, data, or computer files that show a minor under the age of 18 engaged in a sexual act—whether real or simulated.

This definition includes intercourse, masturbation, exhibition of the genital area for sexual gratification, and oral copulation. The actual age of the person at the time the pornography was produced determines whether the person was under the age of 18. Content featuring individuals aged 18 or older—even if they appear younger—is not considered child pornography under California law. An exception may apply for legally emancipated minors or married minors in consensual acts, though this area is narrowly interpreted and still heavily scrutinized under child pornography laws.

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California Child Pornography Laws Explained: What You Need to Know

Included under Penal Code 311 are specific violations involving child pornography:

It is a crime to share child pornography by printing, duplicating, or exchanging it.
Distribution of child pornography is a crime and includes sending, possessing, duplicating, producing, or transporting with intent to distribute.
Knowingly possessing or controlling child pornography is a crime.
Advertising, selling, or distributing child pornography is illegal.
Knowingly hiring, employing, persuading, or coercing a minor to participate in the production of child pornography is a criminal offense.

For a conviction of child pornography, the prosecutor must prove that you knowingly possessed images depicting minors engaging in sexual acts and that you knew the images showed minors under the age of 18 engaging in sexual acts. Child pornography can also be charged federally under 18 U.S.C. 2252.

Understanding the full implications of Penal Code 311 is critical for those accused. It's not only possession that comes under scrutiny but also any intent to engage with or distribute such material. The severity of charges can also factor in the volume of material, making it imperative to have a detailed legal strategy. Engaging a legal team that can dissect these elements provides a comprehensive defense, potentially mitigating severe repercussions.

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With his extensive experience from both sides prosecution and defense, I decided to go with him. I’m so glad I went with him. I was looking at 20-plus years. It was a life changing experience for me and my loved ones.

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They guided us through every step of the way, making the process effortless for me. With their expertise, our case was successfully resolved, making the court appearances stress-free.

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What Are the Penalties and Consequences for a Child Pornography Charge in California?

Child pornography offenses in California are considered “wobblers.” This means the prosecutor will decide whether to prosecute the offense as a misdemeanor or a felony. When making that decision, the prosecutor will consider the following:

Is the material obscene as defined under California law as sexual conduct in an “offensive way” lacking scientific, political, social, artistic, or literary value? Would an “average” adult agree that the material is offensive?
Did the defendant attempt to trade the material commercially?
Did the defendant attempt to show the material to someone under 18?
Does it appear as though the defendant is part of a “porn ring,” engaged in distributing the materials?

How child pornography is charged is of the utmost importance as it can determine jail or prison time and dictate whether the defendant will face sexual offender registration. Appearing on the California sexual offender registry can have a devastating effect on your ability to find work and housing. It is important to note that an anime video depicting sexual acts being performed on a minor is not considered child pornography. An actual person must be shown in the material, excluding sketches, drawings, cartoons, and animations. One of the primary factors used in determining whether a defendant will spend time in jail or prison—and how much time—is the volume and nature of the images or videos.

As you can see, there's a wide range of potential charges related to child pornography which results in a range of penalties. The maximum penalty for child pornography charged as a misdemeanor is one year in county jail and a fine of up to $2,000. If child pornography charges are felony charges, a conviction could result in between 16 months and eight years in prison. Fines can be as high as $100,000. Many convictions also require mandatory registration as a sex offender. This registration can last ten years, twenty years, or even for life, depending on the nature of the offense.

Navigating the penalties and potential consequences requires adept legal navigation. Each case's unique nature—context, evidence, and specific charges—could sway outcomes dramatically. Therefore, a customized legal approach is essential. Our legal team reviews every aspect of the case, from evidence to intent, to build the strongest possible defense. Taking immediate action can significantly alter case dynamics in your favor.

Can Teens Be Charged with Child Pornography for Sexting in California?

You may have heard of teenagers “sexting.” We live in a volatile world that comes with many more risks and temptations for teens. As our laws attempt to keep up with technology, there have been some unintended consequences. While some states specifically address sexting between minors, with penalties that are less severe than those for child pornography, California is not one of these states. Sexting in the state is covered under child pornography laws, making it illegal to have or send images of a minor that show the minor engaged in sexual conduct.

This includes photos of genitals. The court must determine whether the image is intended to cause sexual stimulation. A teen who receives or sends nude photos can be charged under California’s child pornography laws—even if the teen is sending a photo of their own body. Under the law, a minor cannot legally consent to create obscene material, so by sending, asking for, or receiving images, a teenager can be accused of creating or possessing child pornography.

What Are Common Defenses for Child Pornography Charges?

If you are facing child pornography charges, you need a skilled Riverside child pornography defense lawyer who can immediately begin building a strong defense on your behalf. Since the laws in the state regarding child pornography are complex and broad, this is not something you should attempt to handle on your own. While the exact defense your attorney will use will depend on the circumstances and facts surrounding your case, some of the more common defenses include:

There was no intent on your part to break the law—perhaps you mistyped a search term, downloaded a file with malware that placed child pornography on your computer, clicked the wrong link, or thought you were looking at pornography of individuals who were over the age of 18.
No warrant was obtained for the search of your home, business, or car, or there was no good faith reason to search. If this is the case, anything found in the search and seizure may not be used to prove your guilt.
Other people had access to your computer, your home, your business, or your vehicle, and the child pornography belonged to them, i.e., you are innocent of the charges.
The “child pornography” does not include photos or videos of those under the age of 18.
There is mitigating information such as the mental illness of the defendant.

Given the gravity of such accusations, having insightful legal guidance can make a substantial difference. Legal defenses may include proving mishandling of evidence, identifying procedural missteps, or presenting a lack of intent framework. The aim is to dismantle the prosecution's case systematically while ensuring the defendant’s rights are vigorously defended. Each defense strategy is tailored to reflect the precise facts of the case to guard your future comprehensively.

Why You Should Hire a Riverside Child Pornography Defense Lawyer Near You

Possession of child pornography is a serious crime that can have long-term effects on your life and your future. Even if you are entirely innocent of the crime, there is a social stigma attached to any type of sex crime, especially those involving children. You may be found guilty in the court of public opinion long before you face a jury of your peers. There are so many ways in today’s technologically advanced world that another person can set someone up for a crime involving sexual content.

Computers can be hacked, and emails can be sent with a link that downloads pornography. A person could have no idea there was child pornography on their computer until charged with the crime. You need an experienced Riverside child pornography defense lawyer who cares about the outcome of your charges.

How a Riverside Child Pornography Defense Lawyer from Greenberg, Greenberg & Kenyon Can Help

When you choose Greenberg, Greenberg & Kenyon for your Riverside child pornography defense lawyer, you have chosen a firm that will fight aggressively on your behalf. We understand that the long-term consequences as well as the collateral consequences of a sex crime can derail your life. You need a highly skilled criminal defense lawyer who will not hesitate to defend you from these charges.

We will put our more than fifty years of combined experience to work for you, ensuring you receive a zealous defense. Call Greenberg, Greenberg & Kenyon at (951) 574-2281 today to schedule a free consultation.

Frequently Asked Questions

Can Child Pornography Charges Be Dropped in Riverside, CA?

While it is possible for charges to be dropped, it typically requires showing that there was insufficient evidence or procedural errors during your case. In Riverside, CA, thorough examination of evidence, potential rights violations, or improper collection methods may be avenues for challenging the charges. Consulting with an experienced attorney who understands local laws is vital in forming a robust defense strategy aimed at seeking dismissal.

What Happens During the Legal Process for Child Pornography Charges?

Initially, after being charged, you can expect an arraignment where you will hear your charges formally and enter a plea. Pre-trial motions follow, which may include challenging evidence or requesting case dismissal. The trial itself will consist of evidence presentation, witness testimonies, and rigorous defense from your attorney. An experienced Riverside defense attorney will navigate these stages, aiming to challenge inconsistencies and protect your rights.

What Are the Costs Involved in Defending Against Child Pornography Charges?

The costs involved depend on the complexity of the case, including legal fees, expert consultations, and potential fines if convicted. Understanding the cost span and preparing for financial commitment is essential. Greenberg, Greenberg & Kenyon provides clarity regarding fees upfront, ensuring no unexpected financial surprises as you proceed with your defense. An effective defense is often a worthwhile investment in preserving your future.

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Have questions? Ready to get started? Call (951) 574-2281 today to schedule a free consultation. We return calls promptly and walk you through every step of the legal process.