California Child Pornography Defense Lawyers
Penal Code 311.3 & 311.11 PC
Elden Law Group provides a comprehensive guide to the Law in California regarding child pornography, so that you can better understand the crime of child pornography and the defenses that are applicable to it our criminal defense attorneys in Los Angeles.
California state law prohibits child pornography, defined as depicting the “sexual exploitation of a child.” There are a variety of child pornography offenses under this law, including: distribution; developing, duplicating, printing, or exchanging; and possession. Most of these charges are punishable as a felony.
However, there are a whole host of defenses to such charges, including entrapment and mistake, that can help to prove your innocence. The accusation alone of acts related to child pornography is not enough to convict you of that crime.
If you have questions, or would like more information about Child Pornography related charges, we invite you to contact The Elden Law Group for a free consultation.
How Does California Define Child Pornography?
Child pornography is defined under California law in Penal Code section 311 as “material that depicts minors engaged in or simulating sexual conduct.” A minor and the minor’s parent are unable to consent under the law to participate in child pornography.
A “minor” or “child” is anyone under 18 for the purposes of these laws, with some exceptions. “Simulating” sexual conduct means performing acts that appeared to be actual sexual acts, but were not.
“Sexual conduct” includes: intercourse, oral sex, anal sex, penetration of the vagina or rectum by any object; any excretory functions performed in a lewd manner between people or between people and animals; depiction including sadism or masochism; masturbation; and exhibition of the genitals, pubic or rectal area, for the purpose of arousing the viewer.
How Does a Prosecutor Demonstrate Guilt in a Child Pornography Case?
It is critical to contact a criminal defense attorney specializing in the defense of child pornography allegations if you believe you are under investigation. In the worst case, you should contact counsel immediately upon arrest, because state and federal child pornography laws are complicated and quite technical.
The specific act which you are charged with determines what the prosecutor must prove. The prosecutor must prove the following, called “elements” of a crime, to convict you of a child pornography offense.
1. That you committed one of the above acts “knowingly,” and
2. That you knew (or reasonably should have known) that at least one of the people involved were under 18 at that time.
Other than these two elements, the exact allegations will depend on the particular charge.
Content is obscene when the “average” person in the community believes that the sexual conduct pictured is so offensive that it lacks redeeming value.
So how does the prosecutor find out about these activities? Largely through Internet sting operations.
Child Pornography Prosecutions use Internet Stings
State, local and federal law enforcement agencies have made investigating and prosecuting Internet child porn charges their top priority. Internet service providers generally comply with law enforcement agencies who ask for information about their customers. Also, officers use software to monitor online activity and identify the e-mail addresses of people in chat rooms. Officers also investigate people sharing child porn in “peer to peer” (P2P) file sharing groups.
Officers sometimes feign interest in buying, selling, or trading child porn online, or they enter chat-rooms and pretend to be children interested in performing in pornography. Once they see that someone is interested in what they are offering, they get a search warrant. These warrants allow the officers or agents to search your home or office for evidence. If your computer, cell phone, or other electronic device is confiscated, any downloaded images or files of child pornography, texts, or internet activity related to child porn, even if deleted, can be found and used against you.
Defenses to Child Pornography Charges
Fortunately, there are many defenses to child pornography related charges that an experienced California child pornography lawyer can present on your behalf, depending on the facts of your case. For instance, entrapment can be a defense if the police persuade you to commit a crime that you did not intend to commit. Second, sometimes the evidence was illegally obtained by the officers and it is not able to be used at trial. Third, it is a defense if you accidentally or unknowingly downloaded or viewed child pornography. Fourth, some images of nude minors might not qualify as child pornography, such as minors in drawings, or movies rated by the Motion Picture Association of America. Fifth, it can be legal to posses or distribute child pornography images for a “legitimate educational or scientific purpose.” Sixth, a lack of knowledge that the age of the participants was under 18 can be a defense to some charges. Arguing that the allegations are false because someone with a grudge against you, such as an disgruntled girlfriend or ex-spouse, planted pornography.
Aside from these defenses, evidence of psychological addiction to pornography, as well as remorse, can aid in receiving leniency during sentencing.
Sentencing for Child Pornography
Misdemeanor California child pornography sentences can include up to one year of jail and up to $2,500 in fines. Felony sentences range between sixteen months and eight years of prison, with up to $100,000 in fines, and harsher penalties typically follow from repeat offenders. In addition, you may be listed as a registered sex offender, sometimes for life.
Offenses Related to Child Pornography
There are a number of offenses that relate to California child pornography law. For instance, you could be charged with: child endangerment; contributing to the delinquency of a minor; lewd acts with a child; contacting minors intending to commit a sex offense.
If you have additional questions or would like to have a confidential discussion about your child pornography case, contact a child pornography defense attorney at the Elden Law Group fro a free consultation.
Some other sex crimes that can be charged under California law are:
Child Sexual Abuse
Date Rape
Indecent Exposure
Lewd Conduct – Engaging in Lewd Conduct
Lewd Conduct – Solicitation for Lewd Conduct
Lewd Acts with a Child
Oral Copulation by Force
Possession of Child Pornography
Prostitution – Engaging in Prostitution
Prostitution – Solicitation of Prostitution
Rape
Sex Registration Violation (for Failure to Register)
Sexual Battery
Statutory Rape