Tustin Child Pornography Defense Attorney   

What Is Child Pornography? 

child pornography lawsChild pornography is defined as images, videos, or other forms of media containing a minor under the age of 18 engaging in a sexual act. Child pornography is considered a serious criminal offense. According to California Penal Code Section 311, you may be found guilty of this crime if: 

  • You knowingly produced, possessed, or distributed child pornography; AND 
  • You knew that the matter depicted a person under the age of 18 years engaging in or simulating sexual conduct. 

If you meet the above elements, the prosecution may convict you under the following code sections: 

  • Distribution of child pornography (PC Sections 311.1 and 311.2) 
  • Sexual exploitation of a minor (PC Section 311.3) 
  • Sending, distribution, or producing child pornography (PC Section 311.4) 
  • Advertising for the sale or distribution of child pornography (PC Section 311.10) 
  • Possession of child pornography (PC Section 311.11) 

A child pornography conviction can hold heavy legal, personal, and professional consequences. As such, you need a skilled defense attorney to help fight your charges and protect your future. Contact Wallin & Klarich as soon as possible to see how we can help. 

Tustin Child Pornography Penalties 

Because sex crimes against minors are taken very seriously, you may be spending a long time behind bars if you are convicted of child pornography in Tustin. Depending on your criminal history and the details of your case, the prosecution may charge you with either a misdemeanor or a felony. The penalties for different child pornography convictions are outlined below. 

Possession of Child Pornography 

Under PC Section 311.11, the possession of child pornography can be prosecuted as either a misdemeanor or a felony. For a misdemeanor, the penalties include: 

  • Up to 1 year in county jail 
  • Up to $2,500 in fines 
  • Sex offender registration 

For a felony, the penalties include: 

  • Up to 3 years in state prison 
  • Up to $2,500 in fines 
  • Sex offender registration 

Distribution of Child Pornography 

Under PC Sections 311.1 and 311.2, the distribution of child pornography can also be a misdemeanor or felony. For a misdemeanor, the penalties include: 

  • Up to 1 year in county jail 
  • Up to $2,000 in fines 
  • Sex offender registration 

For a felony, the penalties include: 

  • Up to 6 years in state prison 
  • Up to $100,000 in fines 
  • Sex offender registration 

Personal and Professional Consequences 

On top of jail time and sex offender registration, a child pornography charge could jeopardize your personal and professional life. Sex offender registration can hold negative impacts on future employment opportunities, as background checks will reveal your conviction to potential employers. Furthermore, a child pornography charge may also be a barrier in attaining professional licenses such as childcare, teaching, medicine, and law. Even if you are found not guilty, the mere accusation of owning child pornography could destroy your relationships. To clear your name and prevent these charges from ruining your future, consult with our experts at Wallin & Klarich soon after your arrest. 


Defenses for Child Pornography 

If you are accused of child pornography in Tustin, not all hope is lost. Having a skilled defense attorney on your side can help you get back on your feet and have a second chance at life. For over 40 years, our attorneys at Wallin & Klarich have helped many clients successfully defend against child pornography accusations. Some of the effective defenses that we have employed include the following. 

Age of the Alleged Victim 

In order to convict you, the prosecutor must prove beyond a reasonable doubt that the minor was under 18 years old. If the age of the alleged minor is unknown or questionable, you do not meet the elements of PC Section 311 and your attorney may be able to use this defense on your behalf. 

Lack of Clear Possession 

Additionally, the prosecutor must show that you were clearly the person in possession of the child pornography. In prior cases, we have been able to show that other people had access to the area where the pornography was found, such as a shared computer, television, or living area. Since it is not clear whose possession the pornography was under, the prosecution cannot prove beyond a reasonable doubt that you are guilty. 

Unlawful Search and Seizure 

Unlawful search and seizures happen more often than you think. If an officer searched your person or property without a warrant or probable cause, he has violated your constitutional rights. Under California Penal Code Section 1538.5, your attorney can file a motion to suppress any evidence found under this unlawful search. If the motion is granted, we can help you recover the seized evidence and have it excluded from your trial. 


Entrapment occurs when a police officer pressures or convinces a defendant to commit a crime in their presence. These operations are especially common in sex crimes. For example, if an undercover police officer tricked or pressured you into a child pornography crime, then you may be able to use entrapment as a defense. However, not all undercover operations constitute entrapment, and remember, simply presenting an opportunity to participate in criminal activity is not entrapment. If you feel like someone is trying to convince or pressure you to commit a crime, it is best to walk away from the situation and report it to law enforcement. 

Hiring a Tustin Defense Attorney | How We Can Help You 

When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms: 

  1. Experience 
  2. Communication 
  3. Success 
  4. Credibility 

40+ Years of Experience Defending Child Pornography Charges 

With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.

24/7 Communication with Your Attorney 

We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us. 

Track Record of Success 

Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of child pornography charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom. 

Reputation and Credibility 

It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well. 


Discover how our skilled negotiators can help you fight a child pornography charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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Tustin, CA 92780

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