If you are convicted of possessing child pornography under California law, the court may impose jail or prison time. However, in some cases, a judge may grant probation rather than order incarceration.
When probation is granted after a conviction under California Penal Code 311.11, the conditions are typically far stricter than those imposed in most other criminal cases.
Courts impose these strict rules to closely monitor behavior, protect the public, prevent repeat offenses, and promote rehabilitation.
Anyone placed on probation for this offense should understand that violating any condition can result in serious consequences, including revocation of probation and the imposition of the maximum sentence for the original crime.
Your best chance at a positive outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.
Possession of Child Pornography Under California Law
Under California Penal Code 311.11, possession of child pornography occurs when a person knowingly possesses, controls, or accesses images or recordings depicting a person under the age of 18 engaging in sexual conduct.
Illegal conduct may include:
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Downloading explicit images involving minors
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Saving or storing such material on a computer or electronic device
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Possessing digital files, photographs, or videos depicting minors engaged in sexual acts
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Sharing, selling, or distributing illegal images
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Knowingly accessing or viewing such material online
California law recognizes several forms of possession.
Actual Possession
Actual possession occurs when a person knowingly has physical control over the illegal material.
Examples include:
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Images stored on a personal computer
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Files saved on a smartphone or tablet
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Photographs or videos stored on external drives or physical media
Constructive Possession
Constructive possession occurs when the material is located somewhere the person controls, even if it is not physically on their person.
Examples include:
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Files stored in a cloud account
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Images saved on a shared computer that the defendant controls
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Files stored in a private online storage account
Joint Possession
Joint possession occurs when two or more people knowingly share control of the illegal material.
Examples include:
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Roommates sharing a computer containing illegal files
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Individuals sharing access to a storage drive or online account
Importantly, under California law, simply accessing or viewing child pornography online may be sufficient for criminal charges, even if the material was not downloaded or saved.
Is Penal Code 311.11 a Felony or Misdemeanor?
Possession of child pornography under California Penal Code 311.11 is considered a “wobbler” offense.
This means prosecutors may charge the crime as either a misdemeanor or a felony, depending on the circumstances of the case.
Misdemeanor Penalties
If charged as a misdemeanor, penalties may include:
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Up to one year in county jail
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A fine of up to $1,000
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Informal probation
Felony Penalties
If prosecuted as a felony, potential penalties may include:
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Up to three years in California state prison
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Fines of up to $10,000
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Mandatory registration as a sex offender
In some cases, a judge may grant probation instead of imposing immediate jail or prison time.
Key Takeaways About Child Pornography Possession Charges
Several important points help explain how these cases are prosecuted in California.
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Child pornography refers to any material depicting sexual conduct involving a person under the age of 18.
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Sexual conduct can include:
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Sexual intercourse
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Oral or anal sex
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Sexual activity with objects
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Sadomasochistic conduct
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Bestiality
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Possession can occur in several ways:
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Actual possession of illegal files
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Constructive possession of files stored in locations you control
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Joint possession shared with another individual
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Many people assume downloading illegal files is required. However, knowingly accessing and viewing such material online may also result incriminal charges.
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A conviction can result in long-term consequences, including:
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Jail or prison
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Large fines
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Mandatory sex offender registration
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Strict probation conditions
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Restrictive Conditions of Probation for PC 311.11
Probation for possession of child pornography is designed to strictly monitor the defendant's activities and reduce the risk of repeat offenses.
Although conditions vary by case, courts frequently impose the following restrictions.
Prohibition From Viewing Pornography
A common probation condition is a complete ban on accessing or possessing pornography of any kind, including legal adult pornography.
This restriction may apply to:
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Websites
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Magazines
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Videos
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Digital files stored on devices
Courts often believe that exposure to any pornography may increase the risk of reoffending and therefore prohibit all such material.
No Contact With Minors
Many probation orders prohibit contact with anyone under the age of 18.
This restriction may include:
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No direct communication with minors
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No unsupervised contact with children
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Restrictions on contact with the defendant's own children unless court-approved
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Avoiding locations where minors commonly gather
Common Restricted Locations
Examples may include:
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Schools
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Parks
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Playgrounds
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Youth centers
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School events or youth programs
In some cases, the court may permit limited contact with minors if it is supervised and approved by the probation officer.
Mandatory Sex Offender Treatment
Courts often require participation in a state-approved sex offender treatment program.
These programs typically include:
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Long-term therapy
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Behavioral counseling
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Group treatment sessions
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Monitoring and reporting requirements
The goal is to address behavioral patterns that contributed to the offense and reduce the likelihood of future criminal activity.
Defendants are usually responsible for paying the cost of treatment.
Curfews and Travel Restrictions
Probation may also restrict where a person can go and when they must remain at home.
These conditions may include:
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A nighttime curfew
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Restrictions on leaving the county or state
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Requirements to obtain permission before traveling
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Mandatory notification of probation officers regarding travel plans
Internet and Social Media Restrictions During Probation
Because many child pornography cases involve digital devices, courts often impose strict limitations on internet use.
Common restrictions may include:
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Prohibition on using social media platforms
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Restrictions on accessing online chat rooms or forums
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Providing all usernames and passwords to the probation officer
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Prohibition against deleting internet browsing history
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Limitations on owning or using internet-enabled devices
These conditions allow probation officers to monitor online activity closely.
Monitoring and Enforcement of Probation Conditions
Probation departments use several tools to ensure compliance with court-ordered conditions.
Internet Monitoring Software
Defendants may be required to install monitoring software on all internet-capable devices.
This software can:
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Track browsing activity
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Record internet usage
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Flag prohibited websites or content
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Report suspicious activity to probation officers
Device Searches and Home Inspections
Probation officers often have authority to conduct warrantless searches of:
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Computers
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Smartphones
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Storage devices
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Residences
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Vehicles
These searches may occur without advance notice to ensure compliance with probation conditions.
Polygraph Testing
Courts sometimes require periodic polygraph examinations.
These tests may be used to monitor compliance with conditions such as:
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Avoiding pornography
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Avoiding contact with minors
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Honesty with treatment providers and probation officers
Although polygraph results are not always admissible in court, they are frequently used in monitoring sex-offender probation programs.
Penalties for Violating Probation
Violating probation for a conviction under California Penal Code 311.11 can result in severe consequences.
If a probation officer believes a violation occurred, the court may schedule a probation violation hearing.
Unlike a criminal trial, prosecutors only need to prove the violation by a preponderance of the evidence, meaning it is more likely than not that the violation occurred.
Possible Consequences of a Probation Violation
If the judge finds that probation was violated, the court may:
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Reinstate probation with stricter conditions
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Order a short jail sentence as punishment
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Revoke probation and impose the maximum sentence allowed for the original offense
For felony cases, this could mean serving a prison sentence of up to three years.
Speak With a California Criminal Defense Lawyer
If you or a loved one has been charged with or convicted of possession of child pornography under California Penal Code 311.11, it is important to understand the strict probation conditions that may apply.
An experienced criminal defense attorney can review the evidence, explain your legal options, and help protect your rights throughout the criminal process.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.
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