There are a wide variety of offenses that are designated as sex crimes. Though offenses like rape, prostitution, and sexual assault are obvious examples of sex crimes, those that are most fervently prosecuted are sex crimes involving children, including child pornography. Whether it is on your computer, in a magazine, or on a video in your possession, you could be arrested and prosecuted to the fullest extent of the law. Generally, if law enforcement can make any connection to you and child pornography, regardless of the platform, you will be criminally prosecuted. Law enforcement and courts have a zero tolerance policy for any sexually-related crimes involving any child under the age of 18.
If you have been accused of a child pornography crime in California, do not hesitate to contact an experienced sex crime defense lawyer in Irvine with The Law Offices of David A. Stein. An aggressive defense attorney is the only thing standing in the way of you and a criminal record and ruined reputation.
California Child Pornography Laws
There are various crimes relating to CA child pornography laws, each of which carries stiff penalties. Under Section 311.1 of the Penal Code, any person who knowingly does any of the following, knowing that the matter portrays a person under 18 years of age personally participating in or simulating sexual conduct, is usually guilty of a felony and subject to a state prison sentence and/or a maximum fine of $10,000:
- Sending, causing to be sent, bringing, or causing to be brought such material into California for distribution or sale; and/or
- Possessing, preparing, publishing, producing, developing, duplicating, or printing obscene matter on any platform with the intent to distribute, exhibit, or exchange with others, or offer to.
Doing any of the above for the purposes of commercial consideration is a felony under Penal Code Section 311.2 and is punishable by a state prison sentence of two, three, or six years and / or a maximum fine of $100,000.
Sexual Exploitation of a Child
Under Section 311.3 of the California Penal Code, any person who knowingly duplicates, exchanges, prints, or develops and representation of information, image, or data in any platform that depicts a person under 18 years of age engaged in any sexual conduct is guilty of the crime of child exploitation and, upon conviction, is subject to a penalty of imprisonment in a county jail for a maximum of one year and / or a maximum fine of $2,000.
Other Child Pornography Crimes
California Penal Code Section 311.4 also makes it a crime for any person who knowingly, or who should reasonably know, employs, hires, or uses a minor to assist or do any acts constituting obscene matter. A violation of this section carries a maximum county jail sentence of one year and / or a maximum fine of $2,000, or a state prison sentence. The fine may increase up to $50,000 for repeat offenders.
Additional crimes under this section include promoting, using, persuading, inducing, coercing, or, as a parent / guardian, permitting a minor’s participation in any representation of obscene matter or participation in sexual conduct for commercial purposes. This crime is a felony and carries with it a prison sentence of three, six, or eight years.
Exceptions to the Rule
There are very few exceptions to child pornography crimes, but any of the following circumstances would not be considered child pornography crimes:
- Activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses;
- Legitimate scientific, educational, or medical activities;
- Lawful conduct between spouses; and
- Legally emancipated minors.
Not having concrete or reasonable knowledge that a minor was involved may also be used as a defense.
Pornography Crime Penalties
Not all pornography crimes involve children, or minors. Typically, child pornography crimes are prosecuted as felonies, while other pornography crimes are prosecuted as misdemeanors. However, regardless of the type of pornography crime, aggravating factors may increase the charge as well as the penalties, which may include registering as a sex offender.
Defending Your Legal Rights, Protecting Your Reputation
Being convicted of a child pornography crime not only carries severe criminal penalties but also has the power to destroy your personal and professional reputation. If you are required to register as a sex offender, you will be forever in the same category as rapists and other sexual offenders who are closely monitored by law enforcement. If a house on your block is for sale, the seller / seller’s agent is required to tell the buyers that a registered sexual offender lives on the same block. A pornography charge can ruin your life.
Do not leave your fate up to prosecutors. As soon as you have been accused of a child pornography, or other pornography crime, in California, contact the Orange County criminal defense attorney, David A. Stein, for a consultation of your legal rights and options. With Mr. Stein on your side, you can rest assured that your rights will never be violated and that you will not be unlawfully convicted. To learn more, call today at (949) 445-0040.
