California law prohibits any person from possessing any electronic image that depicts a child under the age of 18 engaging in or simulating sexual conduct.  Possession of child pornography is a wobbler, which means the prosecuting agency has the discretion to charge you with a felony or a misdemeanor.  If charged as a felony, you can face state prison and fines.  If charged as a misdemeanor, you can face time in county jail and fines.

In order to convict a person of possession of child pornography, the prosecution must prove that the defendant possessed child pornography, the images depict a child under the age of 18, and the defendant knew that the images depicted a child under the age of 18.

One defense available to a defendant if the person depicted in the image is over the age of 18.  For example, if someone takes a picture of an underage child and cuts out her face and pastes her face over the pictures of an adult woman engaging in sexual conduct, then that person is not guilty of possession of child pornography.  Simply put, possession of child pornography requires the image to actually depict a child.

If you or a loved one is charged with possession of child pornography, it is important that you speak with an experienced child pornography attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of child pornography cases.  We will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (877) 466-5245. We will be there when you call.