How Child Pornography is Prosecuted in California
Getting charged with possessing or distributing child pornography can have life-altering ramifications. You could face significant monetary fines, jail time, and the indignity and humiliation of having to register as a sex offender for the rest of your life.
California Law on Child Pornography
California law prohibits the knowing distribution, possession, production, publication, duplication, sale, or printing of child pornography. If you are charged, the district attorney has the burden of proving that you knowingly committed the illegal action and that when you acted, you knew that the material featured a minor who was engaging in sexual conduct. If you are charged with possessing child pornography, the district attorney must prove that you knowingly possessed or controlled the material that showed a minor engaging in sexual conduct or simulating sexual conduct.
Fighting the Charges
Due to the serious, potentially life-altering consequences from being convicted with possessing or distributing child pornography, it is important that you retain an experienced criminal defense attorney and stand up for your rights. There are defenses that can be employed to fight thesecharges. For example:
- You were the victim of entrapment;
- You did not know the material was obscene; and/or
- You did not know the material included a minor.
Potential Punishment for a Child Pornography Conviction
If you are convicted of possessing or distributing child pornography, the sentence you face can be quite severe, depending on the exact offense you are convicted of. For example, if you were previously convicted of a child pornography crime, the judge has the discretion to “enhance” your punishment. Possessing child pornography under California Penal Code section 311.11 is considered to be felony. A conviction under California Penal Code section 311.11, you will likely face imprisonment in a state prison or county jail for up to one year. In addition to losing your freedom for a period of time, you will likely have to pay a fine of up to $2,500. As mentioned, if you already have a child pornography conviction on your record, your prison sentence will likely be between two and six years in a state prison.
Though, the sentences imposed for child pornography offenses largely depends on the specific details of each case. An experienced Los Angeles child pornography defense attorney can help you and explain the possible sentence you may face based on the circumstances of your case.
Take Action Now: Contact an Experienced Los Angeles Child Pornography Defense Lawyer
The Law Office of Peter Berlin is dedicated to providing excellent, uncompromised service to our clients, including those charged with possessing or distributing child pornography. Our team of experienced criminal defense attorneys will provide you with top-notch legal advice throughout your case as well as comprehensive representation of your case in court. Our firm features experienced and aggressive lawyers who are on the cutting edge of trial practice in the California court system. We offer a free, comprehensive consultation and are available 24/7 so that you may obtain legal advice at any time.
The Law Office of Peter Berlin – Los Angeles Criminal Defense Attorney
16130 Ventura Boulevard, Suite 570, Los Angeles, CA 91436