In California, Penal Code 311 prohibits possession or distribution of child pornography. Child pornography is defined as obscene matter depicting a person under the age of 18 years personally engaging in sexual conduct, which is usually includes nude photos of minors or video of minors engaging in sexual acts with one another or with other adults. Images are obscene if they describe or depict sexual conduct that, taken as a whole by the average person, appeals to the prurient interest in sex, is patently offensive, and lacks serious artistic, literary or scientific value.
The punishment under the child pornography laws can be very severe. Depending on what an individual is convicted of, the punishment may range from one year in a county jail for up to eight years in state prison. Possibly the harshest punishment resulting from a child pornography conviction is the requirement to register as a sex offender for life. The information related to the people convicted of child pornography will also be published on the sex offender website pursuant to Megan’s Law. This website will show an individual’s name, photograph, home address, crime committed, and other relative identifying information.
If you have been accused of child pornography, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (877) 466-5245 or visit us at our website at www.wksexcrimes.com/child-pornography-pc-311. We will be there when you call.