Morris Law Defends Against All Child Pornography Charges

You may be charged with multiple child pornography crimes depending on your case. Each crime carries different penalties and includes the following:

  • Production of child pornography – Publishing, making, or printing Media that uses a Minor is grounds for production of child pornography charges
  • Distribution of child pornography – The transmission, distribution, exportation, importation, sale, advertising, or otherwise making child pornography available
  • Possession of child pornography – Having in your possession any media, including videos, photos, images, or computer data that depicts a minor engaged in sexual acts
  • Exploitation of a minor – Knowingly duplicating, exchanging, printing, developing, or obtaining any material that shows a minor engaged in sexual acts
  • Lewd and lascivious acts with a minor child – An act that causes a child to touch themselves or someone else to arouse or physically touch the child with the intent to arouse either themselves or the child
  • Statutory rape – Under California Penal Code § 261.5, this involves engaging in any type of unlawful sexual acts with a minor. This does not apply if you are married to the minor
  • Revenge porn – Under California Penal Code § 647(j)(4), this involves posting sexually explicit videos or images of anyone online without their consent, causing the victim to suffer considerable emotional distress

Child Pornography Convictions Produce Harsh Penalties

Penalties will vary depending on the type of crime and whether the crime is charged as a misdemeanor or felony. Penalties include the following:

  • Exploitation of a minor – Up to eight years in prison and pay fines as high as $100,000
  • Possession of child pornography – Misdemeanors result in up to one year in county jail and fines up to $2,500. Felonies result in up to three years in prison and fines as high as $10,000
  • Distribution of child pornography – Up to three years in state prison and fines as high as $10,000
  • Lewd and lascivious acts with a minor child – This is a felony and results in up to eight years in prison and fines as high as $10,000
  • Statutory rape – Penalties vary depending on the minor’s age and how old you were at the time of the incident. If the minor was under 16 and you were 21+ years old, you will be charged with felony statutory rape. Felony charges result in up to four years in prison and fines up to $25,000

Additional Consequences

In addition to the fines and jail or prison time, you may deal with the following consequences:

  • Community service
  • Random drug or alcohol testing
  • Immigration or citizenship issues
  • Child custody problems
  • Trouble finding safe or affordable housing
  • Difficulty finding gainful employment
  • Being ineligible for federal student funding
  • The distraction of your personal and professional reputations
  • Registration as a sex offender

California’s Sex Offender Registration Laws

It is important to note that recent changes to California sex offender registration laws now make it possible for individuals who have been convicted of sex crimes, including child pornography and child pornography-related crimes, to avoid being required to register as a sex offender for the rest of their lives.

California uses a three-tiered system that determines how long a defendant must register as a sex offender. Depending on which tier your crime falls under, you may be a registered sex offender between five years to 20 years to life.

California Child Pornography Laws

Under California Penal Code § 311.1 and 311.2 child pornography refers to any computer files, videos, data, images, or any other media that depicts anyone under the age of 18 engaging in a sexual act of any kind.

The possession, distribution, and production of child pornography is illegal in the state of California.

What Elements Must Exist for a Child Pornography Conviction?

To be charged with a child pornography crime, the state must show that you knowingly:

  • Printed, developed, duplicated, or exchanged any type of child pornography
  • Advertised obscene child pornography for distribution or sale
  • Produced, sent, transported, possessed, or duplicated any type of child pornography
  • Intended to distribute child pornography
  • Controlled or possessed child pornography that was created using a minor child
  • Used, employed, persuaded, coerced, or hired a minor to participate in the production of child pornography

When Does Child Porn Become a Federal Crime

You could face federal child pornography-related charges in several circumstances. When child pornography is transported across state lines, brought into the country, or when considerable amounts of child pornography are found, the defendant can face both state and federal child pornography charges.

These penalties are far more severe and require the convicted individual to spend time in federal prison.

Is Child Pornography a Wobbler Crime?

Some child pornography crimes are wobbler crimes. This means they can be charged as misdemeanors or felonies. The decision to push a misdemeanor to a felony is ultimately based on whether aggravating factors exist in your case.

Those accused of possession of child pornography might face misdemeanor charges unless they have a prior criminal history or depending on how many depictions they’re accused of having. However, those charged with the production of child pornography are more likely to face felony charges.

You Have Options When You Face Child Pornography Charges

Your attorney’s defense strategy is paramount when fighting child pornography charges.

Here are a few defenses used in Oakland, CA child pornography cases.

Questioning the Age of the Alleged Minor

The state must prove that the age of the alleged minor in question is under 18 years old.

Your attorney could provide clear evidence that proves the alleged minor was not underage. Your attorney might also prove that any reasonable person would have been unaware that the person depicted in the alleged child pornography was a minor.

Unlawful Search & Seizure

Police and law enforcement can only search a person or their property if they have probable cause or a warrant. If law enforcement performs a search without probable cause or a warrant, your Constitutional rights may have been violated.

Your attorney could get any evidence obtained during an illegal search excluded, prohibiting its use at trial.

Entrapment

Entrapment occurs when police trick people into committing crimes to obtain a conviction. If law enforcement enticed you to possess child pornography in any way, you might be able to pursue the entrapment defense in your case.

Lack of Clear Possession

You can defend yourself against child pornography charges by proving that there was no clear possession in your case. Suppose that multiple people have access to an area where child pornography is found. In that case, any one of those people could have been responsible for the possession in question.

Contact a Child Pornography Lawyer Today

No matter what type of child pornography charges you have been accused of, it has never been more critical for you to clear your name and attempt to salvage your personal and professional reputations.

When you are ready to defend your case aggressively, reach out to a reputable child pornography lawyer in Oakland, CA at Morris Law. Schedule your confidential consultation when you call our office or complete our secured contact form.