Child Pornography Lawyer — California PC 311 Prosecution
A child pornography offense is very serious and may lead to a lifetime of negative consequences. Just because you are facing investigation or current charges for a child pornography offense does not mean that you should back down from defending your rights. Remember, the prosecution still must prove that you are in fact guilty of a child pornography offense. This is why it is critical that you hire an experienced defense lawyer to defend you.
Child Pornography Offenses
In California there are a variety of offenses that you may be charged with related to child pornography. Generally speaking, California Penal Code 311 prohibits the knowing distribution, possession, production, publication, duplication, sale or printing of child pornography in any form. For all child pornography offenses the prosecution must show:
- You knowingly committed the act; AND
- When you acted, you knew that the matter showed a person under 18 years of age who was participating in or simulating sexual conduct.
Beyond these two requirements, each charge is different. The child pornography lawyers at Wallin & Klarich can assist you to know what defenses you have available to you depending on the charges you face.
Possession of Child Pornography (CPC 311.11)
You can be charged under California Penal Code 311.11 for possession of child pornography if you knowingly possess any matter that involves a person under the age of 18 engaging in sexual conduct or simulating sexual conduct. You can still be charged under this section even if the material is not proven to be obscene in nature.
In some circumstances, you may not even be aware that you possessed child pornography for a prosecutor to investigate and charge you under California Penal Code 311. For example, if you browse a website containing pornographic material and it contains child pornography, your computer may automatically save these images to your computer without your knowledge or awareness of the existence of the material. This may still subject you to prosecution and you will still need a child pornography lawyer.
Distribution of Child Pornography (CPC 311.1 and 311.2)
You can also be charged with a child pornography offense if you distribute or sell pornographic material. You can be charged for the illegal distribution of child pornography under 311.1(a) if you knowingly send, prepare, publish, produce or develop any obscene material, which includes a minor engaging in sexual conduct, with the intent to distribute or exchange the material with others.
You can also be charged with distribution of child pornography under 311.2(b) if you knowingly send, prepare, publish, produce or develop any obscene material that includes any minor engaging in sexual conduct with the intent to distribute or exchange the material with others for
Other Child Pornography Charges
In California, you can also be charged with other offenses related to child pornography that do not include possession or distribution. Under California Penal Code 311.4 you can be charged for a child pornography offense if you employ, hire or use a minor to assist you in distributing child pornography. (311.4(a)). You can also be charged under section 311.4 if you induce or coerce any minor to pose, model or participate in any pornographic material. (CPC 311.4(b)).
Under California Penal Code 311.10 it is illegal to advertise for the sale or distribution of child pornography, and under California Penal Code 311.6 you can be charged with a crime if you are involved in and exhibit of obscene live conduct that includes a minor under the age of 18.
The experienced child pornography lawyers at Wallin & Klarich can assist you to fight against child pornography charges and present the best possible defense no matter what type of child pornography charges you face.
What does “obscene” mean in California?
California Penal Code 311 provides that matter is obscene if:
- It shows or describes sexual conduct in an obviously offensive way; AND
- A reasonable person would conclude that it lacks serious literary, artistic, political, or scientific value; AND
- An average adult person would conclude it appeals to a prurient interest.
“Matter” can mean almost anything, but usually refers to any representation of information, data or image, such as film, photograph, video, DVD, or computer-generated images.
An appeal to a “prurient interest” is an appeal to a morbid, degrading and unhealthy interest in sex, as distinguished from a normal interest in sex.
“Sexual conduct” as defined by Penal Code 311.4(d)(1) includes intercourse, oral sex, anal sex, lewd and lascivious acts; or any other such conduct that “simulates” sexual conduct.
As you can see the specific language of California Penal Code 311 is very complicated. To help you understand what the prosecution must prove in child pornography cases you should contact an experienced child pornography defense attorney immediately.
Child Pornography Sting Operations
Child pornography prosecution routinely charge cases from internet sting operations designed to get you to incriminate yourself for committing a child pornography offense — regardless of how you actually came into contact with the pornographic material. Law enforcement officers use several approaches to track users of child pornography, including:
- Posing as a purchaser of child pornography to expose distributors;
- Using decoy child pornography sites to capture people attempting to purchase child pornography; or
- Posing as a minor in internet chat rooms.
Simply having child pornography traced back to your computer through your IP address is enough in some cases for investigators to obtain a search warrant and can lead to your arrest.
“Sexting” and Child Pornography
“Sexting” is a term that refers to the sending of sexually explicit text messages. If you are a parent, then you need to be aware that possession of child pornography can be charged in cases where your teenager engages in “sexting.”
This kind of activity is especially dangerous because California law does not create an exception for the age of the person possessing pornographic materials. This means that even your teenager can become a sex offender and have to register as a sex offender for life if he or she is successfully convicted for possession of child pornography under PC 311.
Call Wallin & Klarich
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 child pornography defense attorney who will aggressively defend your rights. The attorneys at Wallin & Klarich have over 40 years of experience fighting for the rights of individuals who are facing the scary prospect of a child pornography prosecution. We want to help you make sure that your side of the story is heard and that the prosecution does not take advantage of you.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is an experienced Wallin & Klarich criminal defense available near you no matter where you work or live.
To schedule a phone consultation with one of our child pornography defense attorneys call us at (877) 4-NO-JAIL (877-466-5245) today.