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For those seeking help with child pornography defense, it is vital to seek a reputable and knowledgable legal firm that understands California child pornography laws. Under California child pornography laws, it is illegal to print, exchange, advertise, or possess child pornography. It is also against the law for individuals to use minors to make child pornography. Although California does not have specific laws in place regarding the viewing of child pornography, the laws prohibit individuals from having pornography involving individuals under the age of 18 on their computers or phones.
California Child Pornography Laws
According to the California Penal Code, there are many types of pornography, which can be videos, movies, photographs, or files that are saved on computers. In order to be considered child pornography, the material must involve individuals under the age of 18 participating in sexual conduct.
A prosecutor must prove without a doubt that the defendant was part of the production, possession, or distribution of pornography involving minors who are under the age of 18. A prosecutor must also prove the defendant “knowingly” knew minors were involved in the production of the material. California laws state that “knowing” is defined as the defendant being aware of the age of the individuals in the material.
Penalties for Those Prosecuted
For those prosecuted for child pornography in California, the penalties are severe. The severity of the penalty is dependent on if the defendant sold, possessed, produced, or distributed the pornographic material.
Possession of Child Pornography
If a defendant was convicted for possession of child pornography, then he or she is guilty of a felony, according to California laws. If convicted, a defendant must register with California as a sex offender through the Sex Offender Registration Act. For this charge, the penalties could include a fine up to $2,500. Those charged with possession of child pornography could also face a sentence up to one year in county jail. If the defendant is a repeat offender, then the penalties can increase. If an individual was previously convicted, then he or she could face a sentence of imprisonment in a state penitentiary for up to six years if charged with possession.
Distribution of Child Pornography
If an individual is charge with distribution of child pornography, then penalties are based on specific actions of the defendant. If a defendant is charged with transporting the material into California or distributing it to individuals, he or she could face one year in a county jail or state prison and a fine of $2,000. If the defendant has previous charges for distribution, then he or she could have to pay a fine up to $50,000.
If an individual is charged in any activity where he or she is involved in the child pornography industry for commercial benefits, then the penalties are extremely severe. If the defendant is charged with transporting, distributing, or advertising child pornography for commercial gain, then a prison sentence can range from two to six years and a fine that can be $50,000 to $100,000. If an individual is charged with hiring a minor to participate in pornography, then the sentence be up to eight years in a state penitentiary.
There are many reasons an individual who has been charged with child pornography will need a good defense. In many cases, the defendant did not know a minor was in the pornography. Here are some other reasons an indivdiual will need a solid defense:
For those who have been charged with child pornography, then a defensive team with knowledge in child pornography laws can fight to ensure they are protected under California laws.