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Recently, a 16-year-old Virginia girl was arrested for child pornography after posting nude photos of herself on Twitter. She also admitted to sending the photos directly to male acquaintances hoping to impress them. She has been charged as a juvenile for felony possession, reproduction, distribution, solicitation and facilitation of child pornography.

Possession of Child Pornography Charges in California (PC 311)

PC 311 prohibits the knowing distribution of child porn in any form.

Under California PC 311, a child could be charged with child pornography.

California Penal Code Section 311 prohibits the knowing distribution, possession, production, publication, duplication, sale or printing of child pornography in any form.

In order for the prosecution to convict you of possession of child pornography, you must knowingly possess or control any matter that shows a person under the age of 18 engaging in sexual conduct or simulating sexual conduct.

Charges of child pornography in California such as PC 311 depend on the specific details of your case. It is important to have an experience Wallin & Klarich attorney review your case and defend the charges against you if you are being charged with a child pornography crime.

What is the Punishment for Possession of Child Pornography in California? (PC 311.11)

Under California Penal Code Section 311.11, possession of child pornography is a felony. If you are convicted under California Penal Code Section 311.11, you face up to one year in state prison, a fine of up to $2,500 and lifetime registration as a sex offender. If you are convicted of possession of child pornography for a second time, the state prison sentence can increase to up to six years.

Teen Sexting in California

California has yet to enact laws specifically regulating teen sexting. However, teens may still be prosecuted under California’s general child pornography and exploitation laws.

What Happens When a Minor is Caught Sexting?

Teen sexting is in fact a crime

Teen sexting is becoming increasingly more popular in the US.

Juveniles charged with non-violent crimes are usually allowed to have their cases heard in the juvenile court system rather than prosecuted as adults. The juvenile court system is designed to educate and rehabilitate minors, not to punish them.

Although they do not have to face the severe penalties of an adult conviction for possession of child pornography, juveniles can still face the following:

  • Incarceration in juvenile hall;
  • Seizure of cell phones by schools and by law enforcement;
  • Suspension from school;
  • Loss of academic and athletic opportunities;
  • Withdrawal of college acceptance offers; and
  • Court imposed community service and counseling.

 

What Happens When an Adult Teenager is Caught Sexting?

If an 18 or 19-year-old teenager charged with felony possession of child pornography, he or she faces the following:

  • Up to one year in county jail or state prison;

    We will be there when you call.

    The attorneys at Wallin & Klarich will be there when you call.

  • Heavy fines;
  • Lifetime sex offender registration; and/or
  • GPS-enforced community supervision by a probation officer or parole agent, including but not limited to:
    • Residency restrictions prohibiting him or her from living within 2,000 feet of schools or parks where children gather;
    • No contact with any minors (including family members);
    • Weekly certified sex offender treatment involving polygraph examinations; and
    • A nightly curfew.

 

Call the Sex Crimes Defense Attorneys at Wallin & Klarich

If you or a loved one is facing PC 311 or another child pornography charge, it is critical that you speak to an experienced criminal defense attorney immediately. At Wallin & Klarich, our attorneys have over 30 years of experience successfully handling child pornography charges in Southern California. Our attorneys will fight to get you the best possible outcome in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich sex crimes attorney near you no matter where you live or work.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

Super Bowl Prostitution Ring Busted: Consequences of Sex Trafficking in California, Pimping & Pandering (Penal Code Sections 266i and 266h, 18 U.S.C. Chapter 117)

Trafficking minors for the purpose of engaging in illegal sexual activity can be prosecuted under state or federal law. You can be charged under federal law if your sex trafficking involved interstate or international travel, among other reasons.

Alternatively, you may be prosecuted according to California’s laws prohibiting activities associate…

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Consequences of Online Enticement of a Minor for Sexual Activity (Penal Code Section 288.4)

Lawmakers are particularly concerned about harm being done to minors from sexual predators. Laws protecting children from being sexually assaulted, such as penal code 288.4, have become stricter as America wages war on a new front – sex offenders.

If you use any means to entice a minor to engage in sexual activity, you may be face severe punishment. Many p…

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How a Child Porn Conviction in Orange County Can Cost You Your Job (California Penal Code Section 311.11(a))

A report by the U.S. Justice Department in 2010 noted that the spread of child pornography is outpacing efforts to combat it given the advancement of technology. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor, and possessing such images can subject you to both federal and state penalties.

Unde…

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Why You Could Be Prosecuted for Child Molestation in Orange County 50 Years After the Alleged Incident (California Penal Code 803f)

More than 50 years ago, you were asked to babysit your 6-year-old niece. You gladly said okay. Now, your niece is 56 years old and she went to the local police department to report that you molested her that day 50 years ago. Believe it or not, you could be arrested and brought to trial for charges of child molestation 50 years after the alleged child molest occurr…

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Court of Appeal Strikes Down Orange County Sex Offender Restrictions Banning Sex Offenders from Parks and Beaches

On Jan. 10, 2014, an Orange County ordinance banning all registered sex offenders from county parks was struck down by the California Court of Appeals. The law had been challenged as being in conflict with existing state laws and therefore constitutionally void. In a related but separate opinion, The Court of Appeals also ruled against the City of Irvine…

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What Does Child Molestation in Orange County Mean? (Penal Code Sections 288 and 647.6)

When people hear the term child molestation, they often think of an older adult sexually assaulting a very young child. However, California law proscribes several ways a person can be arrested for child molestation.

Anyone, including a minor, who is sexually involved with a child under the age of 18 may be charged with child molestation. In some instances, …

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Expungement for Child Pornography in California No Longer Available but There’s Still Hope (Penal Code Section 1203.4)

When it comes to sex crimes, lawmakers haven’t shown the slightest interest in making life any easier for a registered sex offender. Now, expungement for child pornography convictions in California will no longer be available.

Effective January 1, 2014, you are no longer permitted to expunge your record under Penal Code Section 1203.4 for any of the fol…

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Nevada Sex Offender Law May Impact California Sex Offender Registrants

Following guidelines set under federal sex offender registration requirements, the state of Nevada is expanding the ranks of its sex offender registry by redefining who must register as a sex offender and for how long. The new Nevada sex offender law may have an impact on California sex offender registrants.

After a six-year court battle, the Nevada Supre…

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A Governor’s Pardon in California is Possible if You Act Now

There has never been a better time to apply for a Governor’s Pardon in California. On Dec. 24, 2013, California Governor Jerry Brown issued 127 pardons. If you are interested in seeking a Governor’s Pardon, call the experienced attorneys at Wallin & Klarich today so you have the best chance of getting your pardon granted.

Governor Brown Grants 127 C…

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