Child Pornography Attorney – California Penal Code 311
Do You Need to Speak to a Child Pornography Attorney?
For over 30 years, the child pornography attorneys at Wallin & Klarich have defended clients accused of criminal charges, such as creation, distribution, or possession of child pornography under California Penal Code 311. Being accused of violating the laws pertaining to child pornography in California is a very serious matter that you should not take lightly, and you should speak to an experienced child pornography attorney to guide you through this difficult process.
Although in the eyes of the law you are “innocent until proven guilty,” just sexual exploitation of a minor allegations can carry a lifetime of social stigma. Speak to one of our lawyers experienced in child pornography cases for immediate professional help.
Prosecution of Child Pornography Charges in California
California Penal Code 311 prohibits the knowing distribution, possession, production, publication, duplication, sale or printing of child pornography in any form. You can be charged with different types of child pornography offenses under California Penal Code 311, but every child pornography offense requires that the prosecution prove:
(1) You knowingly committed the act; AND
(2) When you acted, you knew that the matter showed a person under 18 years of age who was participating in or simulating sexual conduct.
One offense you can be charged with is possession of child pornography. In order for the prosecution to convict you of possession of child pornography, you must knowingly possess or control any matter that shows a person under the age of 18 engaging in sexual conduct or simulating sexual conduct.
If you think you are being investigated or have already been charged with a child pornography offense, then you need the help of an experienced Southern California child pornography defense attorney who will aggressively defend your rights.
Child Pornography Sting Operations over the Internet
As the primary place where people search for, purchase, and obtain child pornography, the internet has become a new place for law enforcement to conduct sting operations in order to arrest and prevent the exchange of child pornography. Law enforcement agents have several methods they use to conduct sting operations, including:
(1) Posing as a purchaser of child pornography to expose distributors;
(2) Using decoy child pornography sites to capture people attempting to purchase child pornography; or
(3) Posing as a minor in internet chat rooms.
If you were tricked by a law enforcement child pornography sting operation and are now facing criminal charges, you should contact a Southern California child pornography defense attorney immediately to discuss your case.
Child Pornography Attorney Defenses
Due to the serious consequences that can result from being convicted of a child pornography offense, it is important that you contact a Southern California child pornography defense attorney to discuss the defenses available to you in your case. For example, if you were not aware that the person in the pornographic materials was under the age of 18, then you have a legal defense available to help your case and our attorneys can help you explain your side of the story. Other defenses to child pornography charges include:
(1) You were not aware that the material was obscene;
(2) You were not actually in possession of the child pornography;
(3) You were using the pornographic material for a scientific or educational purpose;
(4) You were entrapped by law enforcement.
Do not let the threat of a pending or current child pornography charge ruin your life. An experienced Southern California child pornography defense attorney can help you identify the unique facts in your case, and then use them to help defend your rights.
Sentencing & Punishment for Child Pornography Convictions
If you are convicted of a child pornography offense, the sentence that you face depends on the exact offense you are charged with. (CPC 311-311.11). If you have previously been convicted of a child pornography crime your sentence may be increased.
For example, possession of child pornography under California Penal Code section 311.11 is a felony. If you are convicted under California Penal Code section 311.11 you face imprisonment in the state prison, or county jail, for up to one year, a fine not exceeding $2,500, or both. If you are convicted for a second time for possession of child pornography under California Penal Code section 311.11, the sentence increases and you face two, four or six years in the state prison.
The sentences imposed for child pornography offenses are not only severe, but also depend on the specific details of each case. An experienced defense attorney can explain to you the possible sentence you face based on the circumstances of your case and can help defend you against child pornography charges.
Frequently Asked Questions about Child Pornography Charges
In order to assist you with a better understanding the seriousness of a child pornography charge, our child pornography defense attorneys at Wallin & Klarich have provided answers to some frequently asked questions in our FAQ section. There you can find answers to questions like:
(2) What if I thought the individuals in the pornographic material were adults?
(3) Can my child be charged with possessing child pornography for “sexting?”
How can I get help?
Child pornography offense charges are very serious matters that require the help of an experienced attorney to help you win your case. The attorneys at the law offices of Wallin & Klarich have over 30 years of experience defending the rights of criminal defendants in child pornography cases. Our staff of attorneys are ready and willing to assist you from the moment you call our office.
Please call us at (877) 4-NO-JAIL (877-466-5245) today to schedule a free phone consultation with one of our experienced attorneys. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina. We will get through this together.
California Penal Code 311