What Is Child Pornography?
Child pornography refers to explicit sexual depictions involving minors, which is a grave offense. In Anaheim, it is considered a serious crime to engage in activities such as creating, sharing, advertising, or possessing child pornography. The repercussions of such actions are significant, leading to severe legal consequences as well as personal ramifications. You could also encounter federal charges for child pornography, especially if your case involved the internet, multiple states, or numerous victims.
In addition to legal penalties, people may judge you and even refuse to associate with you due to these allegations. However, our dedicated team is here to help you! We’ve created a judgment-free environment where you can tell your side of the story. We’ve helped numerous individuals blindsided by false child pornography accusations in Anaheim. If you or a loved one are in a similar situation, consult with our sex crime attorneys immediately. Call us today at (877) 466-5245 for a free legal consultation!
Anaheim Child Pornography Charges
There are a variety of charges that you could face for child pornography in Anaheim. Child pornography includes the following crimes under California Penal Code 311:
- Possession of Child Pornography PC 311.11 – For example, if you download child pornography, you could face charges for possession of child pornography in Anaheim.
- Distribution of Child Pornography PC 311.1 & 311.2 – If you share child pornography on social media or via text, the prosecution could charge you with distributing child pornography in Anaheim.
- Sending, Distributing, or Producing PC 311.4 – You could face child pornography charges for making copies of explicit pictures or putting them onto flash drives.
- Sexual Exploitation of a Minor PC 311.4 – If you pay a teen to make a sex video or take nude photos, the state could charge you with the sexual exploitation of a minor.
- Advertising for the sale or distribution of child pornography – If you send out an email advertising sexually explicit videos or images of minors, you could be charged with a violation of 311.10.
Child Pornography Penalties | Consequences of Conviction
If found guilty of child pornography, the prosecution has the ability to file charges for each explicit image or video involving a minor. The consequences of such a conviction can be severe, with potential sentences ranging from decades in prison depending on the specific allegations. While some offenses may be classified as misdemeanors, most sex crimes involving minors are considered felonies. It is crucial to be prepared to fight against a felony conviction, and this process can begin by enlisting the assistance of a skilled defense lawyer from Wallin & Klarich. With our expertise, we can assist you in mounting a strong defense against a child pornography charge and the subsequent penalties that may follow.
Penalties for Possession of Child Pornography
Misdemeanor :
- One year in jail
- $2,500 fine
Felony:
- Three years in prison
- $10,000 fine
Penalties for Distribution of Child Pornography
Misdemeanor:
- One year in jail
- $2,000 fine
Felony:
- Six years in prison
- $100,000 fine
Penalties For Intent to Distribute Child Pornography to a Minor
Misdemeanor:
- One year in jail
- $1,000 fine
Felony:
- Three years in prison
- $10,000 fine
Sex Offender Registration
Child pornography carries mandatory sex offender registration in California. However, you may no longer have to register for the rest of your life. The court places you on the new tiered registry based on your criminal history and the circumstances of your case. Your tier determines how long registration is required. California sex offenders have to adhere to strict rules. They must report to local authorities within five days of moving and birthday. Failure to do so can result in a felony under PC 290, which carries three years in prison.
Professional and Personal Consequences
A child pornography conviction could define the rest of your life. In addition to prison time, you face sex offender registration, which has the potential to destroy your current and future relationships. Moreover, it is difficult to find a job with a child pornography conviction. It’s difficult to rebuild everything a wrongful conviction steals from you.
At Wallin & Klarich, we want to help you avoid all this. We understand the battle you face. We’ll fight to protect your rights from beginning to end. With over 40 years of experience, we have refined our legal skills and knowledge, specializing in child pornography defense. If you’re concerned about the cost of hiring an attorney, you no longer have to worry. Wallin & Klarich offers payment plans to make hiring one of our knowledgeable lawyers affordable for you. Call us today to consult with our Anaheim child pornography defense lawyers.
How We Can Help You | Defense Strategies For PC 311
With over 40 years of experience, we’ve helped many clients avoid wrongful convictions and years of prison time. Don’t give in to anyone pressuring you to plead guilty to child pornography. Instead, let our skilled attorneys examine your case and determine the best possible legal routes for you. First, we’ll listen to your story and gather all the facts. Then, we’ll construct the best argument to present for negotiations with the prosecutor and during the trial. Our approach improves the likelihood of defeating child pornography charges. The following are some of the best defense strategies to defeating a child pornography charge in Anaheim:
Lack of Knowledge
The prosecution must demonstrate that you knowingly possessed child pornography for a possession conviction. If you received and downloaded an unknown file, we may be able to argue this defense in your case.
For example, you receive an email that states you’ve won something and click on the link. After clicking on the link, explicit pictures pop up. You delete the file and think all the images are gone, but someone comes across the file and reports you to the police a few months later. The police search your computer and find the images.
Your Wallin & Klarich attorney will argue that your lack of knowledge justifies a dismissal. We can call experts who can testify about digital downloads and how easy it is to get a virus.
Age of the Minor
This defense strategy can be effective when there is a lack of clear evidence regarding the age of the alleged victim or if the victim’s age remains unknown. In certain situations, charges of child pornography may not be justified if the individual depicted is actually over 18 years old. Our defense team will vigorously challenge the prosecution to provide substantial evidence regarding the actual age of the victim. With a skilled defense attorney by your side, there is a possibility that your child pornography case could be dismissed on these grounds.
Unlawful Search & Seizure
The US Constitution protects you from unlawful search and seizure in all states, including California. If the police barge into your home or workplace to search, they must have a legal warrant or probable cause. If they can not demonstrate probable cause or produce a valid warrant, we will ask the court to suppress evidence obtained from the search under California Penal Code 1538.5.
If successful, our motion could lead to a dismissal. You could walk away free to rebuild your life. If you believe law enforcement violated your rights, call Wallin & Klarich today!
Lack Of Clear Possession
In order to secure a conviction, the prosecutor is required to establish that you had knowledge of and intentionally possessed the explicit images or videos. If the prosecutor fails to provide sufficient evidence to prove this, there is a possibility that your case could be dismissed. For instance, consider a scenario where law enforcement conducts a search of your residence and discovers child pornography videos on a computer. While the computer is registered under your name, it is important to note that you share the home with someone else who also utilizes the computer. In such a situation, it becomes crucial for the prosecutor to establish beyond a reasonable doubt that you were aware of and in possession of the explicit material.
Your Wallin & Klarich attorney can argue that someone else could have downloaded the images or videos. We could also bring in a digital expert to examine the evidence and testify on your behalf. This defense is most effective when evidence is found in a shared area or on a shared device.
Our expert sex crime attorneys can build an effective defense based on the allegations against you. Call Wallin & Klarich today and get expert advice from a seasoned child pornography defense lawyer.
Choosing A Top Defense Attorney | We’ll Fight For You
With so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a sex crime attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients accused of child pornography. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:
- Trusted Legal Advocates
- Exceptional Negotiators
- 40+ Years of Practice
- Specialized Legal Expertise
Trusted Legal Advocates | The Wallin & Klarich Difference
You need to be able to trust your sex crime attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.
Exceptional Negotiators | 40+ Years of Success
You need a child pornography defense lawyer who understands the best way to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat child pornography charges in Anaheim, CA. Contact us today toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a local sex crimes defense attorney that you can trust!
We’re here to help you!