Enhancements to Child Pornography Charges (California Penal Code Section 311)

Being accused of possessing, producing, promoting, importing, or distributing child pornography is a serious crime in California. Even a misdemeanor conviction will mean lifetime registration as a sex offender. But as serious as a child pornography conviction is, some child pornography charges include sentence enhancements that could add more years to a prison sentence and thousands of dollars in additional fines.

Below are some sentence enhancements for child pornography related offenses.

Employing or Using a minor under 14 years old for Child Pornography (PC 311.4 (f)) ¹

Employing or using a minor under 18 years old for production of child pornography is a wobbler, meaning you can be charged with either a felony or a misdemeanor. A misdemeanor conviction is punishable by up to one year in jail, a $2,000 fine, or both the fine and jail time. A felony conviction is 16 months, 2, or 3 years in state prison, a $10,000 fine, or both the fine and imprisonment.

If you employ or use a minor under 14 years old in production of child pornography, you could be charged with annoying or molesting a child under California Penal code section 647.6 (c) (2). ² The sentence enhancement for the child being under 14 can lead to 2, 4, or six years in state prison.

Statutory Rape (PC 261.5) ³

If you have sex with a minor under the age of 18 and you are an adult over 18, you could be charged with statutory rape. If the minor is more than 3 years younger than you, it is a wobbler offense.

A misdemeanor conviction carries up to one year in county jail. A felony conviction carries 2, 3, or 4 years in the state prison. A conviction of statutory rape does not require lifetime registration as a sex offender, but a judge can choose to add this to your sentence at his/her discretion.

Lewd or Lascivious Act with a minor under 14 Years (PC 288(a)) ⁴

If you commit any sexual act with a minor under 14 for sexual gratification of the minor or yourself, you could be charged with a felony. This is punishable by 3, 6, or 8 years in state prison.

Per Unit Sentence Enhancement (PC 311.9 (a)) ⁵

If you import, distribute, advertise, promote or produce child pornography in violation of PC 311.2 (a) or 311.5 you can receive a sentence enhancement of a $5 fine per unit of child pornography up to $10,000, up to 6 months in county jail plus 1 day in jail per unit, or both the fine and jail time.

Possession of Images of Child Pornography (PC 311.11 (c))

There are two ways you can receive a sentence enhancement under PC 311.11 (c):

1. You possess more than 600 images of child pornography, and 10 or more are of a prepubescent child, or a child under the age of 12.

2. You possess images of a minor under 18 engaging in sexual sadism or sexual masochism.

A felony conviction is punishable by 16 months, 2, or 5 years in state prison, and a fine of up to $2,500.

A misdemeanor conviction is punishable by up to one year in county jail, and a fine of up to $2,500.

Call Wallin & Klarich if You Have Been Accused of Child Pornography

A child pornography conviction can have a devastating impact on your life. However, many child pornography offense can be charged as felonies or misdemeanors. An experienced Wallin & Klarich attorney may be able to persuade the D.A. to file the lesser charge. This is why it is crucial to contact a Wallin & Klarich sex crimes defense attorney as soon as you learn of any potential charges. Our skilled attorneys have over 30 years experience successfully defending clients from child pornography charges. You don’t have to face this alone.

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

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

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