Everything You Need To Know About California Pornography Law
In California, there are a variety of laws that define and regulate pornography. It is important for individuals to understand the legal implications of distributing or viewing pornographic material in the state. This article covers key elements of California’s pornography laws and what you should know if you are facing charges related to pornography.
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California Penal Code 311
Under California Penal Code 311, it is a crime to produce, distribute, or possess pornographic material. This includes materials depicting minors engaging in sexual activity. In addition to these offenses, it is illegal to distribute obscene material with the intent of arousing another’s sexual desires. What qualifies as “obscene” can be subjective and open to interpretation by a court.
Penal Code 311 loosely defines obscene as “matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest….depicts or describes sexual conduct in a patently offensive way, and that…lacks serious literary, artistic, political, or scientific value.” According to the law, it is illegal to create, possess, distribute, or solicit material that goes beyond mere nudity, is deemed offensive by community standards, and evokes an inappropriate sexual interest or desire.
If you have been accused of violating this law, you need an experienced defense attorney on your side. Our attorneys at Wallin & Klarich can help you navigate the entire process of your case and formulate a strategy to get you the best possible outcome. Call our office today!
Penalties
Violating California Penal Code 311 is a misdemeanor that carries the following penalties:
- Up to 6 months in county jail
- Up to $10,000 fine
In addition to potential jail time and fines, the penalties can be far reaching into your personal and professional life. You may lose your current job and have difficulty finding steady employment after conviction. Additionally, your personal relationships could suffer.
You need an experienced defense attorney to help you navigate all the possibilities. Our attorneys at Wallin & Klarich have over 40 years of experience with cases like yours. Call us today!
Additional Pornography Laws
California Penal Code Section 311.4 makes it illegal to knowingly distribute or advertise obscene material with the intent to seduce someone under the age of 18. This is a serious felony that carries harsh penalties. If convicted, you could face up to 8 years in prison.
California also has laws that protect victims of revenge porn, or the non consensual distribution of sexually explicit images or videos. It is illegal to post or distribute explicit images without the permission of the person pictured. This is a misdemeanor that can result in jail time and fines. If convicted, you could face up to 6 months in jail and up to $1,000 fine.
If you are facing any type of pornography crime, it is imperative to speak with an experienced defense attorney as soon as possible. Having an experienced attorney on your side from the beginning can help the legal process go a lot smoother. Additionally, an experienced defense attorney will know what defenses to raise to get the best outcome for your case. Our attorneys at Wallin & Klarich have the experience you need for your case. Call our office today for a free consultation.
Contact Wallin & Klarich Today
If you have been accused of any type of pornography crime, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
