Child Pornography Lawyers – California Penal Code 311
Do You Need a Child Pornography Lawyer?
Being convicted of a child pornography crime in California can have serious consequences that go beyond prison time and fines. A child pornography conviction can have lifetime consequences that affect where you live, where you work and your standing in your community. If you or a loved one is facing a child pornography charge, it is important to hire an experienced sex crimes attorney to help you with your case.
The attorneys at Wallin & Klarich have been defending those facing child pornography charges for over 30 years. Contact one of our experienced child pornography lawyers today so we can discuss your case and provide you with expert legal advice.
Call Wallin & Klarich Today
The attorneys have helped many people facing this serious crime. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
You can place your trust in Wallin & Klarich. Our knowledgeable California child pornography lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your child pornography case.
For more information on child pornography laws, read below or simply pick up the phone and speak to one of our skilled child pornography defense attorneys today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
Child Pornography (California Penal Code 311)
Under California Penal Code 3111, it is unlawful to participate in the knowing distribution, possession, production, publication, duplication, sale or printing of child pornography in any form.
To be convicted of a child pornography offense under California Penal Code 311, the prosecution must prove:
- You knowingly committed the act; and
- When you committed the act, you knew that the material showed a person under 18 years of age participating in or simulating sexual conduct
What Types of Child Pornography Offenses Can I Be Charged With?
You can be charged for the following child pornography offenses:
- Possession of child pornography – Penal Code 311.11
- Distribution of child pornography – Penal Code 311.1(a)
- Distribution of Child Pornography for commercial consideration (distribution of child pornography for sale) – Penal Code 311.2(b)
- Employing minors to participate in child pornography – 311.4
- Advertising child pornography – California Penal Code 311.10
What is the Punishment for a Child Pornography Conviction?
Most child pornography offenses are charged as felonies in the state of California. The penalties for a child pornography conviction vary depending on the type of offense and your past criminal history. Depending on the circumstances of your case, a skilled Wallin & Klarich attorney may be able to have a felony charge reduced to a misdemeanor.
Under California Penal Code 311.11, a possession of child pornography conviction is a felony punishable by up to one year in county jail or state prison and a $2,500 fine. A second possession of child pornography conviction can result in two, four, or six years in state prison.
Under California Penal Code 311.1(a), a distribution of child pornography conviction is a felony punishable by up to one year in county jail and a fine of $1,000. Depending on the circumstances of your case, the court may decide to sentence you to up to three years in state prison and a $10,000 fine.
Under California Penal Code 311.2(a), if you are charged with knowingly sending, bringing, possessing or producing pornographic material with the intent to distribute to others and it is your first offense, you may only be guilty of a misdemeanor. A misdemeanor conviction under Penal Code 311.2(a) is punishable by up to one year in county jail (under Penal Code 311.9) and a $50,000 fine.
Under California Penal Code 311.2(b), a conviction for distribution of child pornography for commercial consideration is a felony punishable by a state prison sentence of two, three or six years and a fine of up to $100,000.
Under California Penal Code 311.4(a), a conviction for employing minors to participate in child pornography, or hiring or using a minor to assist you in the distribution of child pornography is a felony punishable by up to one year in county jail or state prison and a $2,000 fine. If the court finds that you induced or coerced a minor to pose, model or participate in any pornographic material, you can be convicted of a felony punishable by three, six or eight years in state prison under Penal Code 311.4(b).
Under California Penal code 311.10, advertising for the sale or distribution of child pornography is a felony punishable by one year in county jail or two, three or four years in state prison and a fine of up to $50,000.
Sex Offender Registration – California Penal Code Section 290
If you are convicted of a child pornography offense, you will be required to register as a sex offender. Sex offenders must renew their registration every year for the rest of their life. Registering as a sex offender can have serious consequences on where you live and work, and your standing in the community.
If you fail to register as a sex offender or violate registry requirements, you could be sentenced to serve prison time.
What are Defenses to a Child Pornography Charge?
If you are facing a child pornography charge, it is important to retain an experienced Wallin & Klarich attorney. An experienced attorney can review your case and argue a viable defense so that you get the best possible outcome in your case. Defenses include:
- Knowledge of Age: You were not aware that the individuals shown in the pornographic material were under the age of 18
- Knowledge of Obscene Matter: You were not aware that the material you were viewing was pornographic in nature
- Entrapment: You were coerced by an undercover government agent into possessing, distributing or downloading child pornography and would not have committed the crime without the government agent’s involvement
- Possession: You lacked legal possession of child pornography because any illegal material was deleted from your computer’s web browser, history and/or cookies. This shows you only viewed the images online and did not download them. Also, you lacked the knowledge of how to locate any illegal material that was deleted from your computer’s web browser, history and/or cookies.
- Illegal Search and Seizure: The police performed an illegal search and/or seizure for child pornography because there was no search warrant or the search and/or seizure went beyond the warrant’s description.
- Legitimate Purpose: You were using child pornography material for educational or scientific research
- Someone Else had Access to Your Computer
Call Wallin & Klarich Today
If you or a loved one is facing a child pornography charge, it is critical that you speak to an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients facing child pornography charges. 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.
1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=311-312.7↩
