When most people think of child pornography crimes, they likely think of the simple act of looking at images or video online. However, in many cases involving child pornography, the defendant is charged not only with possession of child pornography, but also with distribution of child pornography.
How could you be accused of this crime?
Distribution of Child Pornography in California (PC 311.1(a))
California law describes child pornography as any material depicting a person under the age of 18 engaging in or simulating sexual conduct. Under California Penal Code Section 311.1(a), it is against the law for any person to knowingly send or cause to be sent child pornography to be sold or distributed. This includes distributing the material through the internet.
You could be charged with a misdemeanor or a felony for violating this law. A misdemeanor conviction is punishable by imprisonment in county jail for up to 364 days and a fine up to $1,000. A felony conviction carries a sentence of up to three years in state prison and up to $10,000 in fines.
Under California Penal Code Section 290, you will have to register as a sex offender for the rest of your life if you are convicted of this crime.
Defenses to PC 311.1(a)
If you are charged with distribution of child pornography, you will need an experienced sex crimes lawyer to defend you.
It is up to the prosecution to prove you met all of the elements of this crime in order to convict you. One of those elements is that you knowingly distributed the pornographic content. If your lawyer can raise a reasonable doubt that you knowingly committed the act, it could be a valid defense to this crime.
Another element of the crime is that you knew the person or persons depicted in the material were under the age of 18. Your child pornography lawyer may be able to show that you were not aware that the people in the material were under 18 years old.
Your defense attorney could also argue that the evidence used against you was discovered as part of an illegal search and seizure that violated your rights. If this is the case, the evidence may be thrown out, thus the prosecution’s case would be weakened greatly.
Contact the Child Pornography Attorneys at Wallin & Klarich Today
If you are facing child pornography charges, you should contact an experienced sex crimes attorney immediately. At Wallin & Klarich, our skilled sex crimes lawyers have been successfully defending our clients facing child pornography charges for more than 35 years. We understand the valid legal defenses to this crime, and we may be able to use this knowledge to help you obtain a favorable outcome in your case.
With offices in Los Angeles, Orange County, Riverside, San Diego, San Bernardino, Torrance, Ventura, Victorville, and West Covina, there is an experienced Wallin & Klarich child pornography attorney available near you no matter where you work or live.
Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.