Is not knowing the material depicted minors a defense to child porn possession?
Child pornography charges carry serious consequences, and a conviction can have a negative impact on you for the rest of your life. If you have been charged with possession of child pornography, it is important that you contact an experienced criminal defense attorney immediately to help you defend these charges.
Charges of Possession of Child Pornography (CPC 311.11)
Under California Penal Code section 311.11, it is illegal to possess any matter that depicts a person under the age of 18 engaging in sexual conduct or simulating sexual conduct. You can be charged with possession of child pornography if you are in possession of any film, data, image, video, CD-ROM, or any other representation of information that depicts pornographic material involving a person under the age of 18.
In order for you to be convicted for possession of child pornography, the prosecution must prove:
- You knowingly possessed the material; and
- You knew that the material showed a person under 18 years of age who was participating in or simulating sexual conduct.
In other words, the prosecution must prove that you knew the pornographic material involved minors under the age of 18 engaging in sexual conduct.
Defense of Knowledge
If you did not have knowledge that the individuals in the pornographic material were under the age of 18, you may have a successful defense to possession of child pornography charges.
However, your belief that the individuals were not under the age of 18 must have been reasonable under the circumstances. A jury will determine if your belief that the individuals were not under 18 was reasonable. Your defense attorney can help you raise this defense during the legal process to show that you should not be convicted for possession of child pornography.
Other defenses our skilled attorneys have used to defend our clients accused of possession of child pornography include:
- You were not actually in possession of the child pornography – Your child pornography attorney can argue that you were not actually in possession of the pornographic material. For example, this defense may be proven if you did not download the images to your computer and only viewed them on the internet.
- You were using the pornographic material for a scientific or educational purpose – If you were using the materials for a legitimate scientific or educational purpose, you have a defense to possession of child pornography charges.
- Law enforcement performed an illegal search and seizure (CPC 1538.5) – Your Wallin & Klarich attorney can help you bring a motion to suppress evidence if the evidence obtained against you was found by an illegal search or seizure. For example, if law enforcement officers seized material that was outside the scope of a search warrant, this defense can be used to exclude the evidence that was illegally obtained. By excluding the illegally obtained evidence, it will be more difficult for the prosecution to convict you for possession of child pornography.
To learn more about how a motion to suppress evidence can help you in your possession of child pornography case and how our attorneys can defend you, contact our experienced attorneys at Wallin & Klarich today.
Call Our Child Pornography Attorneys Today
Child pornography charges carry severe consequences. Child pornography charges not only can result in a serious sentence, but can also impact your reputation and professional life. If you or a loved one is facing child pornography charges, it is vital that you contact an experienced child pornography criminal defense attorney to help you present a strong defense. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients accused of child pornography possession. We can help you now.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Our experienced criminal defense lawyers are available to help you no matter where you work or live.
Call Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.