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)
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?
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;
- 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.