Child Pornography Attorneys Explain 311 PC
Are You Seeking to Hire a Child Pornography Attorney?
For more than 40 years, the child pornography attorneys at Wallin & Klarich have defended clients accused of child pornography crimes, such as viewing, distributing and possessing child pornography under California Penal Code 311 PC.
Being accused of violating California child pornography laws is a very serious matter that you should not take lightly. You should speak to an experienced child pornography attorney to guide you through this difficult process.
A child pornography conviction in California can change your life completely. Upon conviction, you may face up to six years in state prison and a $2,500 fine. What’s more, you will be required to register as a sex offender for the remainder of your life which would place you in the same category as those convicted of child molestation and rape.
Read below for more information on California child pornography laws or simply pick up the phone and call (714) 587-4068 for free, immediate advice from the experienced California child pornography lawyers at Wallin and Klarich.
Why Hire Wallin & Klarich?
The success of our child pornography defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For more than 40 years, the California child pornography lawyers at Wallin & Klarich have been helping people like you get the best possible result in their case. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
“I was devastated when police served a search warrant at my home and seized my computers and arrested me for a felony sex crime. I found the law offices of Wallin & Klarich on the internet and immediately made an appointment to meet with my attorney. My attorney listened to my side of the story and I was convinced I hired the right firm after meeting with him. When the case got to court, the District Attorney’s offer was to plead guilty to a felony, serve 1 year in county jail and to register as a sex offender. My attorney was persistent in his negotiations with the DA and was able to convince them to drop my case to a misdemeanor with no jail time and no registration. I was overjoyed with the result and I want to sincerely thank Wallin & Klarich for all of their time and effort on my case.”
– E. B.
“Stephen Klarich was successful in obtaining an internet exclusion for me (the removal of my picture and personal information from the sex offender website). My name and face was plastered all over the internet for everyone to see causing great havoc in my life I was asked to leave jobs, stores, restaurants, etc. with the threat of the police being called or great bodily harm. A lot of fly by night organizations contacted me and offered this service. I was so relieved to know that I had the best law firm with the most experience and the greatest reputation of Wallin and Klarich to help me in this matter. Now no one will ever see it again and I can proudly say to any one that had seen it previously that I am no longer on it. I can not express my thanks enough to Stephen D. Klarich.”
Call Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable California child pornography attorneys are committed to defending your rights and your freedom. Call us today for immediate help on your child pornography case.
For more information on child pornography laws, read below or pick up the phone and speak to one of our skilled child pornography defense attorneys today.
Call our office at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
Child Pornography Laws in California (311 PC)
Child pornography laws in California are outlined in California Penal Code Section 311. This statute makes it a crime to knowingly distribute, possess, produce, publicize, duplicate, sale or print child pornography in any form.
This means there are various types of child pornography crimes. Each action, whether it is distributing, producing, viewing or downloading child pornography, is defined in the various subsections of 311 PC.
However, every child pornography offense has one thing in common. Each of these crimes requires the prosecution to prove the following two elements in order to convict you of the crime:
- You knowingly possessed images depicting minors engaging in sexual acts, AND
- You knew that the matter showed a person under 18 years of age who was participating in or simulating sexual conduct
To further explain these two elements, let’s examine the criminal charge of 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 acts.
If you think you are being investigated or have been charged with a child pornography offense, you need the help of an experienced Southern California child pornography defense attorney who will aggressively defend you. The best thing you can do to have your questions answered is to call Wallin and Klarich now.
Child Pornography Sting Operations Over the Internet
Many people ask how they could be charged with a child pornography crime. How can law enforcement accuse you of this crime? In many cases, it is because authorities conducted a sting operation to catch you in the act of attempting to obtain child pornography. The internet has become the primary place where people search for, purchase and obtain child pornography. Law enforcement agencies throughout California are aware of this basic fact and that is why the internet has also become the place for law enforcement to conduct sting operations. Authorities conduct sting operations to prevent the exchange of child pornography and arrest those who attempt to exchange it online.
Law enforcement agents have several methods they use to conduct sting operations, including:
- Posing as a purchaser of child pornography to expose distributors
- Using decoy child pornography sites to capture people attempting to purchase child pornography online, and
- Posing as a minor in internet chat rooms
You may be wondering how child pornography sting operations can be legal in California. Isn’t this considered entrapment?
The answer is complicated. Sting operations are legal in California. However, “entrapment” is not legal.
It is considered entrapment when law enforcement influences or induces you to commit a crime that you would not likely have committed on your own. Entrapment is considered a valid legal defense to many child pornography charges in California and may result in our law firm having criminal charges dropped against you in some cases. If you believe your rights were violated by police, you should contact a skilled and knowledgeable child pornography attorney at Wallin & Klarich to discuss your case.
Sentencing & Punishment for Child Pornography Convictions in California
There are a number of different child pornography crimes, and the sentence that you face for a child pornography conviction depends on the exact offense you are charged with (PC 311-311.11). Additionally, you could face a harsher sentence if you have been previously convicted of a child pornography offense.
Child Pornography Possession (PC 311.11)
Under California Penal Code Section 311.11, possession of child pornography is considered a “wobbler”, meaning it can be charged as a misdemeanor or as a felony. If you are convicted of a misdemeanor PC 311.11(a) you can face up to one year in county jail. If convicted of a felony PC 311.11(a), you could face between sixteen months and five years in state prison. If convicted of this crime, you would be required to register as a sex offender.
Distribution of Child Pornography (PC 311.1(a))
The distribution of child pornography is considered a wobbler offense in California, meaning it can be charged as a misdemeanor or as a felony. If you are convicted of a misdemeanor PC 311.1, you can face up to one year in county jail and up to $1,000 in fines. If this is prosecuted as a felony, you face state imprisonment and up to $10,000 in fines.
Sending, Distributing or Producing Child Pornography (PC 311.2(a))
Under California Penal Code Section 311.2(a), knowingly sending, bringing, possessing or producing pornographic material involving minors with the intent to distribute it to others is a misdemeanor. If you are convicted of this crime, you face up to 364 days in county jail and up to $50,000 in fines.
Advertising Child Pornography (PC 311.10)
Advertising the sale or distribution of child pornography is a felony offense under California Penal Code Section 311.10. If you are convicted of this crime, you face up to one year in county jail or two, three or four years in state prison. You also face fines of up to $50,000 for a conviction of advertising child pornography.
The sentences imposed for child pornography offenses are severe. How you will be sentenced depends 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 these serious charges.
Sex Offender Registration for Child Pornography Convictions (PC 290)
In addition to the serious consequences outlined above, you will have to register as a sex offender for the rest of your life under California Penal Code Section 290 if you are convicted of a child pornography crime in California.
This may be the most severe penalty you face. As a sex offender, you may be required to stay away from schools, parks and anywhere else children may gather.
Each year, you will have to register as a sex offender with local law enforcement. If you fail to do so, you could be charged with a separate crime under PC 290. Failing to register for a child pornography conviction is punishable by up to three years in prison under PC 290.018(b).
Defenses to Child Pornography Charges
Due to the serious consequences that can result from being convicted of a child pornography offense, it is important that you contact an experienced child pornography defense attorney if you are accused of this crime.
When you speak to your lawyer, you should discuss the details of your case so that your attorney can decide which legal defense may be successful in your case. Some defenses that our child pornography lawyers have used to successfully defend our clients include:
- Knowledge of age – In order to be convicted of a child pornography crime, you must be aware that the pornographic content depicted a person under the age of 18. If you were not aware that the person in the images was a minor, your attorney could have a valid legal defense to the charges against you.
- Entrapment – If police violated your rights by going too far in a sting operation and influenced or induced you to commit a child pornography crime that you would not have committed on your own, your lawyer may be able to use the entrapment defense to child pornography charges against you.
- Knowledge of obscene matter – An element of child pornography crimes that must be met is that you knew the material that you were viewing was obscene in nature. If you did not know the material was obscene, it could be a valid legal defense against these charges.
- No possession – If you did not have legal possession of child pornography, you cannot be convicted of possession of child pornography.
- Legitimate purpose – If you were using child pornographic material to engage in activities related to a scientific or educational purpose, your lawyer may have a legitimate defense to the child pornography charges against you.
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 use them to build a valid defense in your case.
Frequently Asked Questions about Child Pornography Charges
With more than 40 years of experience successfully defending clients accused of violating California child pornography crimes, our lawyers are asked questions nearly every day relating to these offenses.
Here are some of the most common questions we receive regarding child pornography laws along with our answers to those questions:
1. I was charged with possessing child pornography on a computer that I share with my roommates. Is this a valid defense to the charges against me?
Yes, our child pornography attorneys have experienced many cases like this. The fact that you share your computer could be a valid legal defense for your attorney to use in your case. If you share a computer or electronic device with someone, it can be difficult for the prosecution to prove that you had knowledge that the computer you possessed pornographic material.
This could also be the case if you purchased a used electronic device. To protect yourself, clean the hard drive of any computer or electronic device you purchase and clear any cookies before borrowing someone’s computer.
2. Are the police allowed to search my computer?
Generally, the police need a warrant to search your electronic devices, although there are circumstances where they can search your devices without a warrant. If police request your consent to search your computer, you should respectfully refuse to provide consent. Contact our law firm immediately if you believe you were subjected to an illegal search and seizure.
3. I was watching a movie with an explicit scene involving minors. Can I be accused of violating child pornography laws?
One of the valid legal defenses to child pornography crimes is that the material you viewed has artistic value. So, if you were watching a film about a relationship between two young people and there is an explicit scene, your lawyer would have a valid legal defense to child pornography charges.
4. Can I be charged with a child pornography offense for viewing images that were altered or Photoshopped?
A 2002 Supreme Court ruling set a precedent that you cannot be convicted of a child pornography crime if the images did not actually depict minors in explicit poses or sexual acts but were altered to appear that way. So, for instance, if you see an image that shows the face of a celebrity under the age of 18 edited to appear on the nude body of a woman who is over the age of 18, you may have a valid legal defense to child pornography charges.
5. Can a minor be accused of sending and viewing child pornography if they are sexting with another minor or adult?
Yes, minors can be charged with child pornography crimes for sexting. Technology has made it easier than ever to send and receive nude or explicit images. Unfortunately, it is not uncommon among high school students to become involved in such activity without realizing the potential consequences.
Regardless of your age, you could be charged with a child pornography crime if you send or receive explicit images of minors. This includes taking a nude or explicit selfie and sending it to your boyfriend or girlfriend.
You can find more child pornography questions and answers by visiting our FAQ section.
How to Find a Child Pornography Attorney Near Me
Criminal charges involving child pornography are very serious matters that require the legal assisstance of an experienced criminal defense attorney to help you win your case. At Wallin & Klarich, our skilled and knowledgeable lawyers have been successfully defending our clients facing child pornography charges for more than 40 years. We have helped protect the rights of thousands of clients in their time of legal need. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich child pornography lawyer available near you no matter where you work or live.
Please call us today at (877) 4-NO-JAIL or (877) 466-5245 to schedule a free phone consultation with one of our experienced attorneys. We will be there when you call.