One of the worst crimes you might face in the US is child pornography. Worse is when you commit sexual acts with a person below 18 years, record the activity and distribute the film. The crime will warrant heavy fines and extensive jail terms. Also, the court will require you to register as a sex offender both at the federal and state levels. Due to the consequences of the crime, when the law enforcement officers arrest you over the crime, you need to seek legal help from a well-skilled and trained sex crimes attorney. 

At California Criminal Lawyer Group, Our attorneys have deep expertise and have handled sex crimes like child pornography. We stand ready to help you with top-tier legal representation and advice in the courtroom. We are confident that you will sense we are committed to winning your case once you call us. Therefore if the law enforcement officers arrest you over a child pornography case in Santa Ana, call us as soon as possible. 

The Elements of Child Pornography in California

What the law considers child pornography depends on several laws. But, the prosecution team must prove the elements of child pornography before you face conviction. For example, It must be clear you bought or sent pornographic material to a person below 18 years. Also, the prosecutor must show you developed, prepared, possessed, or published child pornographic materials. 

The prosecution team gas to prove the material you possessed or distributed portrayed child pornography. So, if the alleged content portrayed people aged above 18, you will not face conviction for child pornography. You are guilty of child pornography in California when you intentionally violate child pornography laws. 

 The law considers child pornography as any matter that portrays sexual content for people below 18 years. The material may include slides, films, videotapes, computer-generated materials, or photographs. This content may portray children engaging in sexual behaviors like sexual intercourse, oral copulation, masturbation, or oral intercourse. 

The prosecutor must have sufficient evidence you exchanged or intended to show pornographic material. To prove you engaged in the crime, the prosecution team must show you knew the portrayed material showed a minor engaging in sexual behaviors. You should have developed, printed, or exchanged the material intentionally. 

As per the California PC 311.10, the prosecution team must show you engaged in promoting or advertising child pornography. Remember, the material must portray persons below 18 years for you to face conviction. 

Obscene Materials

As per the California laws, you will not face child pornography charges when the alleged material is not obscene. The material is obscene when it offensively shows or describes sexual behaviors. Also, it must be evident that the material lacks serious scientific, artistic or political value. Again, it must be clear that an average person could consider the material appealing to shameful interest commonly referred to as a prurient interest. When one has a prurient interest, it shows they have a shameful or morbid interest in sexual behavior like erection, sex, or nudity. 

Note, nudity doesn't make a material obscene. A material to qualify as obscene must include sexual acts. Remember, the court will not find you guilty of child pornography when you possess obscene materials for your use without interfering with others. Also, the law will not consider a material obscene when it shows sexual behavior between married spouses. 

A film will also not qualify as obscene material when it shows scenes of romance between teenagers. Provided the film concentrate on the teenager's emotional or psychological development, the court will not consider the case of child pornography. The court will convict you of child pornography when you know the act you are committing was a crime, meaning you acted intentionally. 

Penalties for Child Pornography in California

The penalties for child pornography in California vary based on the facts surrounding your arrest. The court also considers your past behavior when imposing your penalties and punishment. The penalties generally include:

  • Supervised parole
  • Counseling classes
  • A fine of up to $2500
  • A sentence between 12 months and six years in a county jail
  • A court-supervised probation
  • Registration as a sex offender
  • You will lose your right to possess a firearm

California PC 311.11 ( Possession of Child Pornography)

When the court finds you guilty of possessing child pornography, you will face a felony charge. Once convicted, the court will impose a jail term between 12 months and three years in a county or state jail. Again you will pay a fine not exceeding $2500. Remember, every conviction is unique based on the facts of the case. 

Distributing, Producing, or Sending Child Pornography (California PC 311.12a)

When you intentionally produce, possess, or send pornographic material to persons below 18 years, the court considers the offense a misdemeanor. Once convicted of the misdemeanor charge, you will remain behind bars for 12 months. In addition, you will pay a fine of up to $50,000. 

Advertising Child Pornography ( California PC 311.10)

You will face a felony charge when the court finds you advertising obscene materials even if you are not selling them. Under this situation, you will remain in a county jail for 12 months. You will also pay a fine of up to $50,000. When imposing these penalties, the court will consider your case's facts. 

Federal Laws: Child Pornography

Federal laws will apply when you transport, sell, produce or distribute child pornography within the borders of your state. The federal laws also explain its unlawful to produce, distribute or sell child pornography materials( images, films, undeveloped footage, audio, or animation) of minors committing sexual activities. In addition, federal laws make it unlawful to force, employ or solicit a child to commit child pornography. When the crime involves the internet, it becomes a federal case. 

As per federal laws, you will remain in prison for between 5 and 30 years when it is your first-time offense. The perpetrators of child pornography in the country may face different penalties based on their cases' nature. 

Registration as a Sex Offender

When convicted of child pornography, the court requires you to register as a sex offender with the federal and state registry. The court finds you guilty at the federal and state level when you produce, duplicate, or sell material containing sexual activities by minors aged below 18 years. 

Once you register as a sex offender, the court will require you to update your information after a certain period or when you decide to change your location. The sex registration will include your full names, addresses, face picture, and vehicle details, among other information. The information will be available for public use, meaning your employer, community, and even neighbors will have access to the information. 

Note that the law will limit you from working with children or living a specific distance from schools or parks. Registering as a sex offender is the worst thing you can do. Besides spending extensive time behind bars and paying heavy fines, the state will treat you like a second-class citizen. Remember, after registering as a sex offender, you will find it difficult to seek new employment and find a house, among other challenges. 

Immigration Consequences

You might face deportation when you are an immigrant and commit child pornography. The criminal court may also consider you inadmissible into the country, meaning you will be unable to become a US citizen through naturalization. Deportable and inadmissible crimes in the state include offenses of moral turpitude. Remember, child pornography will qualify as an offense of moral turpitude based on the crime's situation. 

Can You Expunge Child Pornography Offense in California?

Like other crimes in the state, you can apply to expunge a criminal record in your history. But, you must meet certain requirements before you expunge the criminal record. First, you must complete the court-ordered probation. Secondly, you must complete serving the court-ordered jail term if applicable. Even when you violate the terms of your probation, you may still apply for the expungement of the criminal record. But, this will depend on the jury or judge's discretion. 

According to the law, an expungement will release you from the penalties resulting from the conviction of the crime. You will also avoid facing discrimination in the future by your employer. To expunge the criminal record, you must work closely with a well-skilled criminal defense attorney. The attorney will help you know whether you qualify for the expungement. Also, the attorney will provide legal help throughout the legal expungement process.

What are the Legal Defenses for Child pornography?

The law and society are always protective of matters concerning children. Due to this reason, the penalties and consequences of child pornography are severe and dire. Therefore when you face accusations of this crime, you need a zealous and relentless attorney to assist you in fighting the charges. The attorney may use the following legal defenses to fight the charges. 

  • The Victim in the Questions was Not a Child

The court cannot convict you of child pornography when the alleged victim doesn't meet the criteria age for a child. Under California laws, a child is anyone aged below 18 years. However, the definition of a child will vary based on the statute you violate. Your criminal defense lawyer may develop a defense strategy revolving around the victim's age. When the court discovers the victim was not a child, the jury or the judge may consider dropping or reducing your charges. 

Under certain situations, however, the defense will be invalid. The court will not allow you to use the defense when you distribute or possess the child's pornographic material to persons below 14 years. The defense will best work when you committed the crime on a child above 18 years during the occurrence of the crime. 

Your appearance, including how you were dressed when the offense occurred, can prove whether this defense is applicable. For example, if you met the alleged victim in a pub, you might have thought they were aged above 18 years because the law doesn't require persons below the age of 18 to go to the club. 

  • Knowledge of Obscene Material

Your criminal defense attorney might argue the material you were possessing or distributing you did not know whether it was obscene. As discussed above, you must be aware of the crime to face conviction. Again, the pornographic material must be obscene. So, if you did not know the material, the court will more likely drop or reduce your charges. 

  • False Accusations

If children are sexually abused, they might be confused. For example, a child might be confused about the identity of the offender of the offense due to the pressure to engage in a pornographic film. The scenario might be common if the offense occurs in a new environment or at nighttime. Also, due to the child's age, they might not be able to identify the perpetrator. Due to these circumstances, the child might falsely accuse you. 

When the child has an ulterior motive, they may accuse you of the crime. An adult may also manipulate the victim to accuse you of the child pornography case. Provided you never committed the act, your criminal defense attorney may help you fight the charge. The attorney only needs to present evidence to show you were falsely accused of the crime. 

  • You Never Intended to Violate the Law

The court will find you guilty of child pornography when you produce material with legitimate purposes like scientific, educational, or medical activities. For example, you are not guilty of the crime when you produce an educational film performed by teenagers about the consequences of early sex in minors. Even when the video contained sexual activities, the court will not consider you guilty of child pornography since you made the video for educational purposes. As mentioned above, the intent is key when determining whether to face conviction for the crime. 

  • Insufficient Evidence

The prosecutor must have strong evidence before you face conviction in every criminal case. Sometimes your arrest and conviction might be a result of a mistake. For example, a child pornography case revolves around the possession of obscene material. Therefore when the material you possess is not obscene, you might challenge the prosecutor's evidence. Your attorney might also challenge the credibility of the prosecutor's evidence. 

  • You are a Victim of Illegal Seizure and Search

The defense will be applicable when you think you are a victim of unlawful seizure and searches. According to California laws, it is illegal for the police to subject you to unlawful seizures and searches. You can use the legal help of your criminal defense attorney to prove you are subject to unlawful police seizures. The criminal court judge or jury may exclude all evidence acquired through illegal seizure. The court will more likely reduce your charges or even drop the charges by doing so. 

  • Coerced Confession

You could use this defense to fight the charge if you committed the crime due to overbearing law enforcement officers. Your attorney might argue that you could not have committed the crime if it was not for the law enforcement officer's conduct. So, speak to your attorney and explain everything to him if you think the police coerced you to commit the crime. However, your attorney needs to present evidence to show the police conduct resulted in you committing the crime. Do not face conviction for an offense you never committed.

Other Related Offenses

Below are other crimes charged alongside PC 311.

1.  Lewd Acts With a Minor - PC 288(a)

California PC 288(a) prohibits a person from willfully committing a lewd act with the body of a minor intending to arouse, appeal to, or gratify the lust, passion, or desires of the minor. Therefore, you may face conviction for touching a child's body when you do so for sexual arousal or sexual gratification.

To face conviction for the Crime, the prosecutor must prove

  • You intentionally touched a minor’s body.
  • The touching was on bare skin or through clothing.
  • You intended to arouse appeal, passion, or your sexual desires for the child.
  • The child was under fourteen years at the time of the act.

Penalties For Lewd Acts On a Child

  • Lewd Act on a minor attracts felony charges. When convicted, you will face imprisonment in state prison for eight years and pay a fine of $10000.
  • You will register as a sex offender when convicted of a lewd act.
  • Other factors can enhance your sentencing. For example, if you commit lewd acts on a child while serving as their caretaker, your imprisonment may be increased to ten years.
  •  If you commit lewd acts using fear or force, your jail term will be ten years.
  • You will face life imprisonment when you inflict injuries on the child while committing the lewd act.

Legal Defenses to Lewd Acts On A Child

Below are the legal defenses you may use to defend yourself in court when facing charges for CPC(288a).

You Did Not Willfully Touch The Child

To face conviction for lewd touching, you must have touched the child purposely. If the touching occurred accidentally, you could not face conviction under PC288.

False Accusations

Someone may accuse you falsely due to revenge or cover their mistakes. An adult may couch a child to make the allegations. With a lawyer with many years of experience, you can conduct an independent investigation and uncover evidence showing false allegations.                                          

1.  Statutory Rape PC 261.5PC

PC 261.5 prohibits anyone from engaging in a sexual act with a child below eighteen years. Even when the sexual intercourse is consensual, the law assumes minors cannot give informed consent to sexual activities.

The Prosecution Must Prove the Following Elements 

  • You had sexual intercourse with another person( any amount of sexual penetration, no matter how slight, even when you did not ejaculate, it constitutes sexual intercourse.
  • The minor was not your spouse when you committed sexual intercourse (even when the minor is married to someone else, you cannot use this as an excuse to evade your criminal charges)
  • The minor was younger than 18 years during the crime. You have to note that age is important when sentencing. You become one year older the first minute after midnight of your birthday.

You must note that minors can also face conviction for statutory rape for having sexual intercourse with minors.

The Penalties For Violating Statutory Rape Laws

The crime is charged as a misdemeanor when the defendant is three years older than the minor or less. Again, when the defendant's age is three years more than the minor, California laws classify the offense as a wobble. And when the offender is 21 years or more, and the victim is under 16 years, the offense may be either felony or misdemeanor. Under California laws, you cannot face charges for this offense when you have a reasonable belief that the other person is 18 years and older.

For example, A 25-year-old man and his wife of 16 years come to California on holiday. They have sexual intercourse in the state. The two married in a state that allows their marriage. The man could not face conviction for statutory rape even if his wife was below 18 years.

When you face misdemeanor charges, the penalties include:

  •  Informal probation.
  •  County jail imprisonment for one year and fined up to $1000.

When you face felony charges, the penalties include:

  •  Formal felony probation.
  •  You will pay a fine of up to $10000.
  • Imprisonment up to 3 years in state jail. However, you will face Imprisonment in jail for four years when the offender was above 21 years, and the victim was under 16 years.

The Legal Defenses

The possible defenses you may use to fight the charges are:

False Accusation

When wrongfully accused of statutory rape, you establish your innocence. You may argue you are a victim of false accusation, and no sexual intercourse occurred. Again, you can present an alibi that shows you did not commit the crime since you were in a different place at the time of the alleged crime. For the alibi to work, you want to support it with incredible evidence to prove you are not the victim. For example, you can provide credit card receipts or plane tickets to show you were out of time when the crime occurred.

Contact a Santa Ana Criminal Attorney Near Me

Whether under state or federal laws, crimes against a child, including child pornography, attract heavy fines and extensive fines and possible registration as a sex offender. If you face an accusation of child pornography in Santa Ana, you need to speak with your criminal defense attorney as soon as possible. 

At California Criminal Lawyer Group, We work tirelessly to conduct detailed research to ensure the prosecution team does not bend the law by pinning unfair accusations. We will also do what it deserves to prevent you from registering as a sex offender. Contact our skilled attorney today at 714-844-4151, and we will start working on your case right away.