What Is Child Pornography?
Child pornography is defined as material depicting a minor under the age of 18 in a sexually explicit manner. Possessing, producing, advertising, or distributing child pornography can result in serious crime on both the state and federal levels. If convicted, the legal consequences can affect you for the rest of your life. You not only face time behind bars but also mandatory registration as a sex offender. It’s humiliating to have your picture posted online associated with a crime of this nature.
Word can spread quickly in child pornography cases, causing acquaintances to judge you without ever hearing your account of what happened. We’ve represented numerous clients accused of sex crimes, including child pornography. Our attorneys understand how alone you may feel. However, you don’t have to face this by yourself. When you hire Wallin & Klarich, you’ll have a knowledgeable legal team devoted to your defense. We’ll fight to tell your side of the story. Contact us today, toll-free at (877) 466-5245 for a free consultation.
Child Pornography Charges in West Covina
If you’re accused of child pornography in West Covina, you could face a number of charges. California Penal Code 311 outlines the specific child pornography crimes, which include:
- Possession of Child Pornography – According to PC 311.11, Intentionally possessing or controlling child pornography is a crime.
- Distribution of Child Pornography – PC 311.1 & 311.2 define this crime as deliberately sending, transporting, producing, possessing, or duplicating child pornography.
- Sexual Exploitation of a Minor – Under PC 311.3, it’s against the law to intentionally develop, duplicate, print, or exchange child pornography.
- Sending, Distributing, or Producing Child Pornography – Under PC 311.4, intentionally hiring, using, persuading, or coercing anyone under 18 to participate in pornography is a crime.
- Advertising for the sale or distribution of child pornography – According to PC 311.10, it is illegal to advertise child pornography deliberately.
Sentencing for Child Pornography| What You Face
The prosecution can charge you with a separate crime for each obscene picture or video, which means you’ll face a separate penalty for each charge. On top of this, you may face additional time for prior convictions. As a result, your sentence can quickly accumulate to decades behind bars. Although the state can choose to charge you with either a misdemeanor or felony, the prosecutor will most likely file felony charges due to the crime involving a child. We’ve outlined the sentencing for child pornography in West Covina below.
Possession of Child Pornography
Misdemeanor
- One-year jail sentence
- $2,500 fine
Felony
- Three years in state prison
- $10,000 fine
Distribution of Child Pornography
Misdemeanor
- One-year jail sentence
- $2,000 fine
Felony
- Six years in prison
- $100,000 in fines
Intent to Distribute Child Pornography to a Minor
Misdemeanor
- One-year jail sentence
- $1,000 fine
Felony
- Three years in prison
- $10,000 in fines
Sex Offender Registration
Anyone convicted of child pornography must register as a sex offender. The court decides which tier to place you on, depending on the crime and your criminal history. Your tier placement determines the length of time you must register. Failure to register each year within five days of your birthday or a move results in a felony crime under PC 290. The court can sentence you to three years in prison if convicted.
Professional and Personal Consequences
No one wants others to view them as untrustworthy. However, accusations of child pornography can cause everyone around you to question your credibility. Even the people who know you best may treat you differently or cut off ties. Many of our clients had very few people left standing by their side, even in cases where the allegations were fabricated entirely out of spite. So, we understand how humiliating and isolating this whole situation is for you. While your situation may seem difficult now, a conviction will complicate your life much more.
Our attorneys at Wallin & Klarich have dedicated over 40 years to clients falsely accused of child pornography and other sex crimes. When you choose our law firm, we’ll treat you with the respect and dignity that you deserve. We do everything we can to help you. This is why we offer payment plans so you don’t have to sacrifice quality representation because you can’t afford a lawyer. We also have someone on call 24/7 to take care of any after-hours legal emergencies. With our law firm, your best interests are our top priority. Call us today to speak with our skilled child pornography lawyers.
How We Can Help You | Defense Strategies For PC 311
Child pornography charges require the best defense lawyer available. It’s not wise to choose a firm without experience defending clients charged with this specific crime. Our Wallin & Klarich attorneys have over 40 years of experience handling child pornography cases. We’ll listen to your side of the story, and then our team will investigate to find supporting evidence and build a strong defense. We’ve pinpointed effective defense strategies for child pornography, which include but are not limited to:
Lack of Knowledge As To Content
The prosecution must prove you knowingly owned child pornography to convict you of possession under PC 311. If you did not know the material was obscene, we could argue lack of knowledge.
For example, you open an email from a dating app and click on the attachment. When the file downloads, your screen is flooded with obscene images of minors. The police search your home and find the files on your computer, even though you deleted them.
Your Wallin & Klarich attorney can present experts to testify about the virus infecting your computer and argue that you were unaware that the material was child pornography.
Age of the Minor
The prosecution must prove the age of the minor pictured in the images or video to convict you of child pornography. There are times when the age is not obvious. We’ve challenged the minor’s age in the past while also arguing that our clients had no reason to believe the alleged victim was under 18. When successfully presented, this defense can result in the dismissal of charges.
Unlawful Search & Seizure
California law requires police to have probable cause for searches. If they searched your home, laptop, phone, or any other property without probable cause, we could argue a violation of the Fourth Amendment. We can then file a motion to suppress evidence under California Penal Code 1538.5.
If the judge grants our motion, the prosecutor can’t use the images and videos found in the search against you. In other cases, we’ve had our clients’ cases dismissed due to this defense. If you believe law enforcement violated your rights, call Wallin & Klarich today!
Lack Of Clear Possession
If the prosecution can’t prove the pornography belonged to you, they cannot convict you of possession. For example, the police find obscene images on a desktop computer. They arrest you for violating PC 311. However, you share this computer with roommates.
Your Wallin & Klarich attorney can argue that there’s no way to prove you were the one who downloaded the images because other people had access to the desktop. Our past clients have found themselves in similar situations, and we’ve persuaded the court to drop their charges. If the police found evidence in a shared area, we may have grounds for dismissal due to lack of clear possession.
We can help you find the best route to prove your innocence or mitigate the damages of your guilt. Call Wallin & Klarich today for a free consultation.
Hiring A Skilled Defense Attorney | How We Can Assist You
Serious accusations require a skilled and experienced defense attorney. With 40+ years of experience, Wallin & Klarich stands out among the crowd of West Covina criminal defense firms. Our attorneys specialize in defending clients accused of child pornography, and we understand the most effective defense strategies. You should consider many factors when choosing a criminal defense lawyer. However, four key characteristics set us apart, including:
- Loyal Advocates
- Skilled Negotiators
- Solid Record for 40+ Years
- Specialized Legal Knowledge
Your Loyal Advocates | The Wallin & Klarich Difference
Loyalty is hard to find. Unfortunately, many law firms treat clients like case numbers rather than real people. At Wallin & Klarich, we believe you deserve respect and dedication. But we don’t just say it; we show it through our devotion to your defense and our interactions with you. Our attorneys promptly address all your concerns because we never want you to feel dismissed or unheard. Rest assured, our communication with you will always be straightforward and genuine. With Wallin & Klarich at your side, you can walk into court confident that we have your best interests in mind. Moreover, we’ll be prepared to put up our strongest fight.
Skilled Negotiators | 40+ Years of Success
Wallin & Klarich has a history of success spanning 40+ years. We’ve obtained the best possible results in complex sex crime cases and helped our clients avoid spending time behind bars. Their stories stand as a testament to our skilled legal negotiation. But, more importantly, they renew our motivation to defend others falsely accused of child pornography in West Covina. Our passion for helping clients has not wavered in over four decades and counting. Discover how our skilled negotiators can help you fight false accusations of child pornography in West Covina, CA. Contact us today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with an experienced defense attorney in West Covina.
When you need help, we will be here.