Child Pornography Articles

Mandatory Reporters Required to Report Suspected Child Pornography Activity

Some laws exist to protect those who need the most protection. That is why there are laws designed to protect the elderly, the disabled and children. Violations of those laws are generally punished severely. The goal of protecting children is so important that California and many other states have designated certain professions as “mandatory reporters,” meaning that if a person in that job role suspects certain crimes have been committed,…

Read More

Can Minors Be Convicted of Possessing or Distributing Child Pornography?

Parents in the 21st century know the debate well: Do you give your child a smartphone at a young age? On one hand, you will be able to reach your child and your child will be able to reach you at all times. On the other hand, your child could now have access to things you do not want him or her to have access to. One of those things…

Read More

Why the First Amendment has No Bearing on Child Pornography Cases

Is it art or is it illegal? That is the central question behind many of the cases involving pornography that have made their way to the Supreme Court in the last century. In many cases, a person charged with a crime involving pornography has been able to use the First Amendment freedom of expression as a legal defense. The basic principal behind the argument is that if the material has…

Read More
child pornography defense

Legal Defenses to Distribution of Child Pornography Charges (PC 311.1(a))

If you knowingly distribute, possess, produce, publicize, duplicate, sell or print child pornography in any form – including over the internet – you could be charged with a distribution of child pornography under California Penal Code Section 311.1(a). In order to convict you of distributing child pornography under PC 311.1(a), the prosecution must prove the following: You knowingly committed the act of distributing, possessing, producing, publishing, duplicating, selling or printing…

Read More

Can You Be Charged with a Child Pornography Crime if You Thought the Images Depicted Adults? (PC 311.11)

You could be charged with a serious crime if you own, send or simply view child pornography. A conviction for a child pornography crime could impact you for the rest of your life. But what happens if you did not know you were viewing images of child pornography? If you thought the pornographic material you were watching depicted adults 18 years of age or older, you may have a valid…

Read More