According to California law, it is a criminal offense to possess, sell, produce, advertise, copy, or transport child pornography in the state. If you are facing charges for child pornography, you are at risk of ruining your reputation and facing severe penalties. In the past, people shared pornography through email. However, with the current advancement of technology, a click of the mouse is all you need to access illegal pornographic materials. Now that child pornography is easy to access in California, the prosecutors have also become more aggressive in assigning child pornography charges. The LA Criminal Defense Law Firm can assist anyone facing charges for child pornography in Los Angeles, California.

California Statutes on Child Pornography

Several statutes under California law outline the crime of child pornography. According to the statutes, you should not exchange, advertise, print, send, or transport child pornography. It is also a criminal offense to persuade or hire minors to participate in making child pornography. You may commit the crime of child pornography if you share videos of naked minors online. If you hire an underage person to perform gay porn or any other form of porn, you will face charges under California law. You should not have a business that advertises child pornographic materials or films for sale.

California Penal Code 311.1 and 311.2 make it a criminal offense to send knowingly, transport, possess, duplicate, or produce any form of child pornography with intent to distribute it. According to the California PC 311.3, you should not knowingly develop, duplicate, exchange, or print child pornography. It is a crime under PC 311.4 to employ, use, persuade, hire, or coerce a minor to engage in the production of child pornography. If you knowingly advertise obscene child pornographic materials for sale, you will face charges under PC 311.10. You will violate PC 311.11 if you consciously control or possess child pornography produced by a person below 18 years.

What Must the Prosecutor Prove?

For you to face charges for committing child pornography in California, the prosecutor has to prove several elements of the crime. The prosecutor has to confirm that:

  • The material you possess or distributed qualified as child pornography
  • You must have violated the California child pornography laws intentionally, and
  • The pornographic materials must have been obscene

The California law defines child pornography as any material or matter that portrays sexual conduct by a minor below the age of 18 years. The pornographic material may constitute items like videotapes, computer-generated equipment, films, photographs, slides, or negatives. The materials may show a minor involved in sexual conduct like oral copulation, masturbation, sexual intercourse, and oral intercourse.

You will only face charges under California child pornography law if it is evident that you were aware of your actions at the time of committing the crime. This means that you should have acted knowingly or intentionally. To act knowingly means that you were aware of the nature of the material you possessed, advertising, or transporting. It also means that you were aware that the pornographic content depicted a person below the age of 18 years engaging in sexual acts.

You cannot face charges for child pornography in California unless the pornographic material in question is obscene. Pornographic material is obscene if it portrays or offensively describes sexual conduct. It should be evident that a reasonable person would conclude that the content lacks serious artistic, scientific, political, or value. It also means that an average adult person would consider the material to appeal to a morbid or shameful interest commonly known as a prurient interest. If a person has a prurient interest, it means that the person has a morbid or shameful interest in sexual activities like erection, nudity, or sex.

A film may not qualify as child pornography, even if it has some romantic scenes among teenagers. As long as the film concentrates on the psychological and emotional development of teenagers, it may not qualify as pornography. The film may have simulated sex between the teenage actors. However, as long as there are no cases of obscenity, the film is not pornographic. As long as the film has artistic value and does not contain morbid material, it may not qualify as child pornography.

Specific Elements of California Child Pornography

The prosecutor has to prove different elements to accuse you of various forms of child pornography in California. For the prosecutor to accuse you of producing or distributing child pornography, he/she will have to prove several elements. The prosecutor must prove that you bought or sent pornographic materials in California. He/she may also prove that you prepared, possessed, copied, developed, or published child pornographic materials. It must be evident that you had the intent to exchange, show, or exchange the materials.

To prove that you are guilty of sexually exploiting a child under California PC 311.3, the prosecutor has to prove that you were aware that the material portrayed a minor engaging in sexual activities. You must have knowingly developed, printed, duplicated, or exchanged the pornographic materials.

To prove that you should face charges for recruiting a minor person for child pornography, according to PC 311.4, the prosecutor to prove certain elements. You must be guilty of hiring, coercing, using, or recruiting a child to engage in pornographic works. You may still face charges even if you did not recruit or hire a child to engage in pornography as long as you attempted to do so.

For the prosecutor to accuse you of advertising child pornography, according to the California Child Pornography law PC 311.10, several elements must be present. It must be evident that you participated in the promotion or advertisement of child pornography. You must have known that the person depicted in the items you were marketing was below the age of 18 years.

If the prosecutor accuses you of possessing child pornographic material under California PC 311.11, it must be evident that you controlled or possess child pornographic materials. You must have known that the person portrayed in the pornographic materials was below the age of 18 years.

It is important to note that, according to California law, nudity does not make a matter obscene. For a material to be obscene, it must depict sexual activity and meet other conditions or requirements of obscenity. If you possess obscene material for your personal use without the intent of distributing the material, you may not be guilty under California child pornography law. The law may not consider sexual material to be obscene if the minor persons depicted therein are legally emancipated. The law may also not consider a material obscene if it only depicts lawful conduct between spouses.

Consequences for Child Pornography in California

Under California law, the crime of child pornography may attract misdemeanor or felony charges. Therefore, the offense of child pornography is a wobbler. The prosecutor has the freedom to charge the crime as a misdemeanor or as a felony. The prosecutor considers various factors when charging the crime, including the criminal history of the defendant and the facts surrounding the case.

If the prosecutor charges the crime of child pornography as a misdemeanor, the consequences include a jail time not exceeding one year in a California county jail. The court might also order you to pay a fine ranging between $1,000 and $ 2,500. If the prosecutor charges the crime of child pornography as a felony, you will face enhanced charges. In California, felony child pornography is punishable with imprisonment of up to three years in state prison.

  1. Immigration Consequences

The crime of child pornography in California may also have adverse immigration consequences. For instance, if you are non-citizens in the United States, and you commit the crime of child pornography, the offense may result in deportation. The court may also consider you inadmissible into the United States. Being inadmissible means that you cannot gain citizenship in the United States using various ways like naturalization. Deportable and inadmissible crimes in California include crimes of moral turpitude. The crime of child pornography may qualify as a crime of moral turpitude, depending on the circumstances surrounding the crime. As long as the offense qualifies as a crime of moral turpitude, you will suffer negative immigration consequences.

  1. Owning a Gun

A crime of child pornography may also hurt your gun rights in California. According to California law, if you are facing a conviction for a felony offense, you may not have a right to acquire or possess a gun in the state. You may lose your gun right if the prosecutor chooses to charge the crime of child pornography as a felony and if the court convicts you of the crime. You will lose your right to possess a gun in California. However, if the prosecutor charges the crime of child pornography as a misdemeanor, you may still acquire or own a gun in California.

Expungement of the Offense

Just like in the case of other crimes in California, you may apply for an expungement of a child pornography offense from your criminal record. To qualify for expungement, you may have to fulfill various conditions. For instance, you would have to complete serving the proposed probation successfully. You will also have to complete jail time successfully if jail time is applicable. You may still have your criminal record expunged even if you violate the terms of your probation. However, this will depend on the discretion of the judge.

According to the California expungement laws under PC 1203.4, an expungement will release you from all penalties and disabilities that may result from the conviction of child pornography. For instance, you will not face discrimination in the future because of your conviction. Upon expungement, your conviction is no longer accessible by the public. However, law enforcement agencies may still have access to the expunged criminal record. Potential employers cannot discriminate against you or deny you employment based on your expunged criminal records.

Registration as a Sex Offender

A conviction of child pornography in California may also prompt a registration as a sex offender. According to the current California law, if convicted of child pornography, you have to register as a sex offender. For a conviction of child pornography, you may face a lifetime registration as a sex offender. However, the sex registration requirements may change in the future, according to the California Senate Bill SB 384. According to this Bill, sex offender registration will fall under three tiers. Tier one will comprise of sex registration for a minimum of ten years. Tier two registration will entail registering as a sex offender for a minimum period of twenty years. Tier three registration will entail registering as a sex offender for a lifetime. After the bill takes effect, people guilty of misdemeanor child pornography may register as sex offenders for ten years instead of lifetime registration.

Fighting Child Pornography Charges

While facing charges for child pornography in California, you may fight the charges in various ways. You do not have to agree with everything the prosecutor says. With the proper defense, you can be able to seek a reduction or dismissal of your charges. Some of the common legal defenses for child pornography cases in California include:

  1. The Material Did not Qualify as Child Pornography

For you to face child pornography charges in California, the materials you possess, sold, or distributed must have featured minor people below the age of 18 years. The minors must have been engaging in obscene sexual acts. If you feel that the materials you possessed or distributed do not meet these qualifications, you may fight child pornography charges in court. Child pornography has a specific legal definition under California law. All you need is to prove that the material you dealt with or possess does not qualify as child pornography.

  1. Lack of Knowledge

Lack of knowledge is also a valid defense for California child pornography cases. For you to face charges, the prosecutor has to prove beyond doubt that you acted knowingly. This means that you should have been aware of your actions at the time of committing the crime. For instance, you may assert that you were not aware that the person featuring in a pornographic film was a minor. You may also state that you downloaded some videos to your computer without knowing that the videos contained pornographic materials.

  1. You Possessed the Pornographic Material for Legitimate Purposes

If the material you possess is for a legitimate purpose, you cannot face child pornography charges. For instance, you may possess the materials for lawful purposes like medical, educational activities, or scientific activities.

  1. You are a Victim of Unlawful Search and Seizure

According to the Fourth Amendment to the U.S constitution, it is a violation of your legal rights for law enforcement officers to subject you to illegal search or seizure. If you feel that you are a victim of an illegal search or seizure, you can use the issue to seek defense. With the help of an attorney, you can prove that the police obtained the evidence illegally. The court may decide to exclude illegally acquired evidence from your case. This would lead to a reduction of your criminal charges. If the police are planning to search your computer or to conduct a search in your home, they would require to obtain a search warrant first. You may stage a defense if the police search with a defective warrant.

  1. The Officer Lured You into Committing the Crime

If you feel that you are a victim of entrapment by the police officer, you may fight child pornography charges in court. In most cases of child pornography, the police arrest suspects by selling them pornographic materials online. A police officer may pose as an online seller of child pornography and supply you with the pornographic materials online or by sending it to you by mail. However, even in trying to arrest suspects, the police officer should not lure the suspects into committing the crime. Entrapment is the process of luring someone into committing a crime. A police officer may be guilty of entrapment for using pressure, flattery, fraud, harassment, and threats. For child pornography charges, entrapment is an acceptable legal defense.

  1. False Accusation

You may face child pornography charges due to false accusations. For instance, an estranged spouse may accuse you falsely of forcing your daughter to engage in child pornography. In most cases, spouses accuse each other falsely when they are in the face of divorce. If you are a victim of false accusations, you should seek the help of a criminal defense attorney. The attorney can investigate what happened and defend you against the force accusation.

You cannot face charges for child pornography if the prosecutor is unable to prove one element of the crime. For instance, you may assert that you did not intend to engage in child pornography. For instance, a person may have put some pornographic films in your backpack without your knowledge. You may give your laptop to a friend only for him/her to download child pornography into the machine without your knowledge. In these instances, you may fight the charges by asserting that you did not intend to commit the crime.

Related Offenses

Under California law, several offenses are related to the offense of child pornography. The prosecutor may accuse you of the related crime instead of child pornography. The prosecutor may also charge you with the related offense alongside child pornography charges. Some of the related offenses include:

Lewd Acts with a Minor

According to California PC 288, it is a crime to engage in sexual acts with a person below the age of 14 years. It is also an offense to engage in sexual activities with a minor who is more than ten years younger than you. This will depend on the age difference between the victim and the defendant. Under California law, the crime of lewd acts with a minor is a wobbler. The prosecutor may assign felony or misdemeanor charges. This offense is almost similar to the offense of child pornography because both crimes rotate around sexual conduct between adults and minors.

If the prosecutor charges the crime of lewd acts with a minor as a felony, the penalties include imprisonment in a California state prison. You may face imprisonment for three years, six years, or eight years. The court may also require you to pay a hefty fine not exceeding $10,000. In some instances, you may have to serve the imprisonment and pay the fine. For you to face lewd acts with a minor charge, you do not need to have engaged in sexual intercourse with the minor. As long as you touched the minor in a manner likely to arouse him or her, you may face charges.

Statutory Rape

According to the California PC 261.5, you may face charges for engaging in sexual intercourse with a person below 18 years. This offense involves sexual intercourse with a minor, unlike many other child pornography crimes. The crime of statutory rape is a wobbler under California law. However, you do not have to register as a sex offender in California. If you engage in sexual intercourse with a minor within three years of your age, you may face misdemeanor charges. The penalties include jail time not exceeding one year in a California county jail. You may also have to pay a fine not exceeding $1,000.

Revenge Porn

The California PC 647J4 outlines the crime of revenge porn. This crime entails distributing sexual images of another person with the intent to inflict emotional distress on the person. A defendant can commit revenge porn using images of an adult or a minor. If the defendant commits revenge porn using images of a minor, he/she may face charges under California child pornography law. The defendant may have obtained the said images with the consent of the victim, promising the victim to keep the images private. If the defendant then distributes the image, knowing that doing so will cause emotional distress on the victim, the defendant is guilty under PC 647J4.

Contact an Los Angeles Criminal Lawyer Near Me

If you are facing charges for child pornography in Los Angeles, California; the associated consequences can be detrimental. It is advisable to contact an attorney who can guide you through the case. The LA Criminal Defense Law Firm can advise you on the best course of action. Contact us at 310-935-1675 and speak to one of our attorneys.