Common Child Pornography Defenses – California Penal Code 311

There are a number of defenses to a child pornography charge. Below are a few to consider, but it is important that you speak with an expert child porn attorney who has dealt with these types of cases.

No Person Under 18 Years of Age

If the material did not have a person under that age of 18 years, you cannot be convicted of child pornography. This is the case even if the person is over 18 years of age and looks like a minor.

Not Aware of the Nature of Obscene Matter

It is a defense to the charge of child pornography if you did not know the material in your possession was child porn. The burden is on the prosecution to prove that you knew the nature of the content.

Entrapment

Entrapment can be used as a defense if the authorities coerced you into possessing, distributing, or downloading the child pornography. This is a very difficult defense to use. If you clicked on link without any coercion, you will likely not succeed in raising this defense. You may be successful if you were personally talking to an agent and they were persuading you to click on the child pornography link or they told you that it was not child pornography.

Illegal Search and Seizure

You may raise a defense if the search and seizure did not follow proper procedure. When a search warrant is issued, the warrant must specify with particularity what is to be searched. The search generally cannot go beyond the scope of what the warrant specifies. You will find information on the proper procedure and rules that apply to a search and seizure.

Legitimate scientific or educational purpose

It is a defense to the child pornography charges if the defendant was engaging in legitimate medical, scientific, or education activities.

Law enforcement agent

It is a defense to the child pornography charges if the defendant was a member or agent of a law enforcement or prosecuting agency and was involved in the investigation or prosecution of criminal offenses.

A person is an agent of a law enforcement or prosecuting agency if he or she does something at the request, suggestion, or direction of a law enforcement or prosecuting agency.