Child Pornography Law in California - Penal Code 311 PC
Child pornography is loosely defined as the depiction of any minor engaged in “sexually explicit conduct”. Because of the type of crime it is, charges tend to be harsh, with the prosecution aggressively pursuing a conviction. It takes a knowledgeable criminal lawyer to be effective in the defense of these types of cases.
Child pornography is defined under California Penal Code 311 PC.
If arrested for child pornography you could face either state or federal charges depending on the seriousness and circumstances surrounding the allegations. Both state and federal charges can result in heavy fines and imprisonment and having to register as a sex offender.
The severity of the charges will revolve around possession or distribution, with distribution and sexting being the more severe offense. Our law firm has used effective child pornography defense strategies in California to avoid jail time or conviction.
What enhances Child Porn Charges in California?
Additionally, “enhancement” charges are possible under the following circumstances:
- Prepubescent Enhancement – When a minor (under the age of 18) who is depicted is prepubescent (at the stage of life before puberty) the charges may be enhanced.
- Penetration Enhancement – Enhanced penalties may apply if actual penetration is depicted in the child pornography.
- Quantity enhancement – If a large amount of material is involved in the charges then one could face enhance penalties.
In 2012, California voters passed strict human trafficking laws under Proposition 35 – commonly known as the “Californians Against Sexual Exploitation Act.”
The law expanded the legal description to include the distribution of child pornography. It includes more severe legal penalties for any person who is convicted for human trafficking, such as a conviction that involves children carrying a life sentence in a California state prison.
Enlist a Defense Attorney for Your Case
If you have been arrested in violation of child pornography laws getting a skilled criminal defense lawyer from Cron, Israels & Stark is crucial at the onset of the case. We understand how devastating child pornography charges or a conviction can be on an individual's personal or professional life.
A thorough examination of the laws and the facts will be done to locate any mitigating circumstances regarding the charges and, if feasible, we will make attempts to get the charges dropped or reduced. If a trial becomes necessary, we have skilled litigators who know how to approach the prosecution and jury regarding these types of charges.
With decades of criminal defense experience, our attorneys have the know-how and skills to adeptly contend with the seriousness and predisposed attitudes one may find when dealing with charges of child pornography.
Apply our competent and talented skills to protect your rights and minimize the charges being brought against you. Contact our law firm to review your case.