Child pornography crimes in California are very complex. The law is actually divided into several laws that encompass different types of child pornography crimes. One of those crimes is sexual exploitation of a minor under California Penal Code Section 311.3.
Under PC 311.3, it is illegal to knowingly develop, duplicate, print or exchange any media that depicts a person under 18 years of age engaging in an act of sexual conduct.
If you are convicted of this crime, you face up to eight years in prison and a fine of up to $100,000. Additionally, you will be required to register as a sex offender for the rest of your life if you are convicted under PC 311.3.
However, an experienced sex crimes defense attorney may be able to defend you against these serious charges. Here’s how our skilled lawyers defend clients accused of serious child pornography crimes.
Definition of Sexual Exploitation of a Minor (PC 311.3)
To understand the defenses to PC 311.3 charges, you must first understand the elements of the crime of sexual exploitation of a minor.
According to the California jury instructions, in order to convict you of the crime of sexual exploitation of a minor, the prosecution must prove all of the following elements of the crime:
You developed, duplicated, printed or exchanged any material that qualifies as child pornography; AND
You knew you were developing, duplicating, printing or exchanging an image of child pornography at the time you completed the act
California law defines “child pornography” as any content that depicts an individual under the age of 18 years old engaging in actual or simulated sexual acts.
However, the material is not considered child pornography if you were committing the act for a “legitimate purpose.” Legitimate purposes include material made for law enforcement in the investigation and prosecution of a crime, or educational, scientific or medical purposes.
Defenses to Sexual Exploitation of a Minor Charges
Our skilled attorneys have used the following valid legal defenses to successfully defend our clients accused of violating PC 311.3:
Entrapment – One of the most common defenses to sex crimes involving the internet is entrapment. Police often use strategies such as sting operations to catch people committing crimes on the internet. However, if your attorney can show that you would not have committed the act of sexual exploitation of a minor if undercover law enforcement agents did not persuade or force you to do so, you could have a valid defense to the charges against you.
Lack of Knowledge – One of the elements of this crime is that you knowingly committed the crime. Therefore, if you did not know the content you were producing depicted minors engaging in sex acts, your lawyer may have a solid legal defense to PC 311.3 charges.
False Accusations – Another possible legal defense to sexual exploitation of a minor charges is that you are being falsely accused. If your lawyer can show that you did not actually commit the crime or police have detained and charged the wrong suspect, you cannot be convicted of this crime.
Contact the Sex Crimes Attorneys at Wallin & Klarich Today
If you or a loved one has been charged with sexual exploitation of a minor, you should contact an experienced sex crimes defense attorney immediately. At Wallin & Klarich, our skilled and knowledgeable sex crimes attorneys have over 35 years of experience successfully defending our clients against charges of sexual exploitation of a minor and other serious child pornography crimes. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich sex crimes attorney available to help you no matter where you work or live.
Contact our law firm at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.