CALIFORNIA CRIMINAL LAWYERS

Los Angeles Child Pornography

The Importance of Seeking a Reliable Legal Firm for Child Pornography Defense in California

When it comes to facing charges related to child pornography, it is absolutely essential to seek help from a proficient and dependable legal firm that has extensive knowledge in California’s child pornography laws. The state of California strictly prohibits printing, exchanging, advertising, or possessing child pornography. Moreover, using minors to create such objectionable material is considered a heinous crime. Even the viewing of child pornography that involves individuals under 18 years of age is against the law in California.

A Comprehensive Overview of California Child Pornography Laws

The California Penal Code provides a comprehensive definition of various types of pornography, including videos, movies, photographs, or files saved on computers. For pornographic material to be considered child pornography, it must involve individuals under the age of 18 participating in sexual conduct.

In order to prosecute an individual for such a crime, a prosecutor must prove their involvement in the creation, possession, or distribution of such pornographic material that involves minors. It is also the responsibility of the prosecutor to prove that the defendant “knowingly” knew that minors were part of the content creation process. Knowing, in this regard, implies that the defendant was fully aware of the age of individuals involved in the material.

Penalties for Child Pornography Offenses

Child pornography charges in California are taken very seriously, and the consequences of conviction are severe. The severity of the penalty depends on the nature of the defendant’s involvement in the creation, possession, production, or distribution of the pornographic material.

Possession of Child Pornography

If someone is convicted of possessing child pornography in California, they are guilty of a felony. Convicted individuals must register with the state of California as sex offenders via the Sex Offender Registration Act. The penalties for possession of such material could include a maximum fine of $2,500, and the individual might face a sentence up to one year in county jail. Repeat offenders could face a sentence of imprisonment in a state penitentiary for up to six years.

Distribution of Child Pornography

If any defendant is caught transporting the material into California or distributing it to other individuals, they could be slapped with a fine of $2,000 and end up with a prison sentence of up to one year in a county jail or state prison. If a defendant has a record of being involved in the distribution of such material, they will be required to pay a fine of up to $50,000.

Other Charges

Individuals involved in the child pornography industry for commercial gains face even more severe penalties. If anyone is caught transporting, distributing, or advertising child pornography to make a profit, they could face imprisonment for up to six years and be charged a fine of anywhere between $50,000 and $100,000. If an individual hires a minor to participa in pornographic content, they could face up to eight years in a state penitentiary.

Defensive Strategies

Individuals charged with child pornography crimes can seek help from defense lawyers for a variety of reasons. In a large number of cases, the defendant may not be aware that any minors were involved in the creation of the indecent content. Here are a few defensive strategies that experts can consider before presenting your case:

1. Scientific or educational purposes: If the defendant can demonstrate that the material, even though it involved children, serves scientific or educational purposes, it can be viewed differently in court.
2. Legally emancipated: In some cases, it might be proven that the minor who appeared in the pornographic material was legally emancipated at the time of the video or photo shoot, and thus, not a minor.
3. Illegal search and seizure: If the evidence presented in court was obtained through illegal search and seizure, the defendant can challenge the case.
4. Entrapment: If the defendant can prove they were ‘entrapped’ as defined by California Entrapment Law, they can expect a favorable outcome.

In conclusion, facing charges related to child pornography is a serious issue that requires a proactive stance. It is imperative to seek help from experienced legal professionals to protect oneself from such charges under California’s strict laws.