August 13, 2013

You recently downloaded a pornographic film from what you believed was an adult-oriented website. While the persons in the film appeared youthful, you did not suspect that they were under 18 years of age. Now, you are being charged with possession of child pornography under California Penal Code section 311.

If you are confronted with accusations of possession of child pornography, you need to immediately contact an aggressive child pornography defense attorney who will fight to defend your rights.

What is Child Pornography?

According to California Penal Code section 311.3, child pornography is defined as any material that depicts a minor engaging in or simulating sexual conduct.

Examples of “sexual conduct” are:

  • Penetration of the vagina or rectum by any object;
  • Masturbation;
  • Sadomasochistic abuse;
  • Exhibition of the genitals, pubic area or rectal area; OR
  • Defecation or urination.

What Must be Proved for Child Pornography Conviction?

Although each child pornography charge may be different, the prosecutor must prove the following two elements in order to convict you of possession of child pornography:

  • You knowingly possessed the material; AND
  • You knew or should have reasonably known that the persons depicted in the material were under 18 years of age.

How a Child Pornography Defense Attorney can Defend Against Possession of Child Pornography Charge

child pornography
If you are accused of child pornography, the child pornography defense attorneys at Wallin & Klarich can help.

The child pornography defense attorneys at Wallin & Klarich can raise one of the following defenses on your behalf if you are charged with possession of child pornography:

  • Authorized purpose
    • You may have a valid defense to possession of child pornography charge if you were viewing the material for an authorized purpose.
    • Example: A child pornography defense attorney may not be convicted of possession of child pornography if he or she is viewing such material in order to examine alleged evidence against a client.
  • Lack of knowledge (content)
    • If you were unaware that the matter you were viewing was pornographic in nature, you may not be convicted under PC 311.
    • Example: You received an email with an attachment titled “Cute Puppies.” When you opened the attachment, you were shocked to find images of child pornography and immediately deleted the attachment. Your Wallin & Klarich attorney can argue that you were unaware that the material was pornographic in nature.
  • Lack of knowledge (age)
    • The prosecutor must prove that the persons depicted in the pornographic content were under 18 years of age and that you knew or reasonably should have known this fact in order to convict you under PC 311.
    • Example: In the scenario above, your Wallin & Klarich attorney could argue that you did not know or reasonably could not have known that the persons depicted in the images were under 18 years of age.
  • Lack of legal possession
    • You may not be convicted of possession of child pornography if you did not legally possess the material. You lack legal possession of child pornography if the following three elements are met:
        • You did not download the material;
        • You deleted the material from your computer’s history and cookies; AND
        • You do not have specific knowledge of how to locate the pornographic material on your computer.
    • Example: You viewed the pornographic material on a website. Afterwards, you deleted your history, cookies and other browsing records. You do not know how to locate the viewed material on your computer.

Why You Should Hire the Child Pornography Defense Attorneys at Wallin & Klarich

If you are facing a charge of possession of child pornography, you should contact the law offices of Wallin & Klarich immediately. The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending child pornography cases. Our attorneys will provide you with the most efficient and professional representation from the moment that you retain us. We will scrutinize all of the evidence and use all available defenses in order to provide you with the best opportunity to win your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Call us today at (877) 466-5245. We will get through this together.

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Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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