Child Pornography Defense Attorney
According to the FBI, child pornography is one of the fastest-growing crimes in the US. Over the past decade, there’s been a reported 2500% increase in child pornography arrests and convictions.
If you’ve been charged with child pornography crimes in San Bernardino, then time is of the utmost importance. The sooner you hire a good child pornography crimes defense attorney in San Bernardino, the better odds you have at securing a good legal outcome. Without an attorney, you could face life-long repercussions as a result of a conviction.
Learn everything you need to know about the charges against you, the potential penalties you face, and how to secure a good defense attorney below.
What is Child Pornography?
One negative and unfortunate side effect of the internet and technology is the proliferation of child pornography. In 2022, child pornography is widespread and rampant both online and off the web. Are you wondering exactly how California law defines child pornography? According to California Penal Code 311, child pornography is any type of audio or visual material that illustrates the simulation of minors under the age of 18 engaging in sexual activities.
PC 311.11 | Possession of Child Pornography
California Penal Code 311.11 makes it a crime for anyone to knowingly possess child pornography that was produced using a person under 18 years old. Unfortunately, the internet has made it easier than ever for individuals to upload this illegal and obscene content on the web. If you knowingly seek out this type of content, then you could get found guilty of violating this penal code.
PC 311.2 | Distribution of Child Pornography to Someone Under 18
Possessing and viewing child pornography isn’t the only type of crime associated with this illegal content. You can also face serious charges if you’re convicted of distributing child pornography. Distribution is defined ask knowingly sending child pornography with the intent for it to get sold, bought, or viewed by others.
PC 311.4 | Soliciting a Minor for the Creation of Child Pornography
This penal code makes it a crime to willingly and intentionally attempt to coerce, recruit, hire, or otherwise solicit an underage minor with the intention of creating child pornography. Individuals can get convicted of this crime even if they are not the person who is actually creating or producing the obscene material.
PC 311.10 | Advertising the Distribution of Child Pornography
This penal code makes it a crime to advertise the sale or distribution of child pornography. In many cases, individuals guilty of this crime did so by utilizing the internet as a means of distribution.
PC 311.12 | Possession of Child Pornography as a Repeat Sex Offender
If you’ve been arrested for possessing child pornography after already getting convicted of a prior sex crime, then you could get accused of violating this California penal code. If you’re convicted of this crime, then you’ll face more significant penalties than if you were a first-time offender. You could also get charged with this crime if you possessed more than 600 obscene images.
Federal Law 18 U.S.C.S. 2252 | Viewing, Searching, Owning, Creating or Distributing Child Pornography
On top of violating California law, individuals who possess, distribute, create, or otherwise view child pornography are also violating federal law, too. Federal child pornography charges might apply in your situation if you:
- Knowingly possess, distribute, or sell child pornography
- You received child pornography
- You advertised the selling or distribution of child pornography
- You’ve sent child pornography across state borders through the use of the internet or email
This federal law is most applicable if your child pornography charge revolves around the use of the internet.
Criminal Penalties Associated with Child Pornography Crimes
Child pornography crimes vary in severity, but all of them carry harsh punishment. Some offenses are considered misdemeanors, while others can be charged as felony offenses. It is important to note, however, that San Bernardino seeks to prosecute child pornography crimes as a felony as an act of deterrence against future crimes. To understand exactly what potential penalties you’re facing, you’ll need to understand exactly what you’re being charged with. From there, you’ll want to look deeper into the average sentences levied for those crimes. Get more details about the various penalties you could face below.
Punishments for Possession of Child Pornography
If you were charged with Penal Code 311.11, or possession of child pornography, then you could face misdemeanor or felony charges. If you get charged with a misdemeanor, that means you could be facing up to one year of jail time and face fines of up to $1,000. Felony charges can lead to fines up to $10,000 and 3 years in state prison.
Punishments for Distribution of Child Pornography
Distributing child pornography is typically a felony charge. If you get convicted of distributing child pornography, then you can face up to six years in state prison and fines of up to $100,000. If you attempted to distribute obscene material to a minor and get charged with a misdemeanor, then you could get sentenced to a year in state prison and fines of up to $1,000.
Punishments for Creation of Child Pornography
Attempting to solicit a minor to create child pornography is punishable for up to one year in jail and fines of up to $1,000 for a first offense. Any second offense will get treated as a felony, which could result in up to three years in prison and fines of up to $50,000.
Personal and Professional Penalties
If you get convicted of any of these child pornography crimes in San Bernardino, then you’ll have to register as a sex offender. Misdemeanor crimes will likely result in a ten-year registry requirement, while other crimes could land you on the list for life. Once you’re a convicted and registered sex offender, you will no longer be eligible for jobs that require you to work around children. You’ll have to disclose your status when attempting to seek out housing or when attempting to apply for a job. It’s also likely that your personal relationships will suffer as a result of your status, as well.
Common Defense Strategies for Child Pornography Charges in San Bernardino
If you’ve been charged with any of the child pornography crimes outlined above, then it’s important to start constructing a solid defense strategy as soon as possible. The criminal, professional, and personal consequences of a conviction can change your life for the worse. To avoid these penalties and punishments, it’s crucial to formulate a valid defense before you head to court.
Here are some of the most common defense strategies against child pornography charges:
Mistake of Fact: You Didn’t Possess, Distribute, or Create Child Pornography
The most obvious and most commonly used defense strategy is that you didn’t commit the allegations against you. If you didn’t possess, distribute, or create child pornography, then this can be a viable defense. Oftentimes, a defendant’s computer is used by multiple parties, and the prosecution must prove that you carried out the obscene acts rather than someone else on your computer. If you believe that someone else is responsible for the obscene material, then you should contact an attorney immediately so they can begin building evidence that may keep you out of jail.
Mistake of Age or Lack of Intent
Another common defense is to argue that you didn’t realize the content involved minors and you had no intention of viewing, possessing, distributing, or creating child pornography. This defense strategy is very common when alleged child pornography was discovered online. Often, adult videos get uploaded and people unknowingly view them without realizing the content involves non-consenting minors. If you honestly believed that the material you were viewing was not of minors, then this could be a viable option, as it negates the necessary condition of intent.
Unlawful Search and Seizure
According to the 4th Amendment to the Constitution, every US citizen has a right to be free from unreasonable search and seizure. In other words, the police must have a warrant (which means they have valid reasons to believe you committed a crime), before they can initiate a search. If the authorities found alleged evidence against you during an illegal search of your phone, computer, or internet history, then whatever evidence they gathered is not permissible in a court of law.
Hire a Skilled Child Pornography Defense Attorney in San Bernardino
While the defense strategies above might sound great, they may not always apply to your situation. To figure out the best way to defend yourself, it’s often best to consult with a good child pornography defense attorney. The best lawyer will ensure you understand all your legal options. They’ll work with you to help ensure you experience the best possible legal outcome in your situation.
Take Advantage of the 40+ Years of Child Pornography Defense Experience with Wallin & Klarich
Getting accused of child pornography crimes in San Bernardino is a difficult experience. Not only will you feel emotionally distressed, but you’ll also have to deal with extreme social stigma as a result of the allegations against you. Your personal relationships will suffer, you could lose your job, and if you get convicted, then you could even lose your freedom, too.
Here at Wallin & Klarich, we understand and respect the gravity of your situation. We will do whatever it takes to fight for justice in your situation. We’ll help you understand the charges against you, the potential penalties associated with the crime, and the best possible defense strategies that you could use in your situation. Then, we’ll help represent you in court and fight for you. Contact us now by calling (877) 4-NO-JAIL or visiting our website to discuss your situation in detail with one of the most experienced child pornography defense attorneys in San Bernardino.