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Riverside Child Pornography Lawyer

Defending Against Child Pornography Charges in California

It is illegal to possess, create or sell any material of a child under 18 performing a sexual act or represented in a sexually explicit manner. Child pornography charges may be filed in the federal or state court. Penalties are severe and may include heavy fines, lengthy prison terms or probation. If convicted, you must register as a sex offender. Reach out a Riverside child porn attorney immediately if you have been accused of possession, production or distribution of child pornography.

Some child pornography charges are subject to enhancement, depending on certain factors. Enhancement means charges and penalties will both be increased. This can occur if the child or children depicted are prepubescent or if actual penetration occurs in the pornography. If a large amount of material is involved in a possession or distribution case, enhancement is also likely. Either way, child pornography charges are an incredibly serious matter and require urgent attention from a competent legal professional.

Contact our Riverside child pornography defense lawyers from the Law Offices of Grech, Packer & Hanks at (951) 682-9311!

What is Child Pornography?

Child pornography refers to any visual depiction (such as photos, videos, or digital images) of minors under the age of 18 engaged in sexually explicit conduct. It is illegal to produce, possess, distribute, or view child pornography in virtually every jurisdiction, and severe legal penalties are associated with such offenses.

The law strictly defines child pornography to protect children from exploitation, and the images or videos involved do not have to be of actual sexual intercourse; even images of minors in suggestive or sexually explicit poses are considered illegal.

Common examples of child pornography include:

Photographs: Images depicting a child engaged in explicit sexual activity, or in suggestive poses, including nudity.
Videos: Footage showing a child involved in sexual acts or inappropriately sexualized situations.
Digital or Computer-Generated Images: Any digital creation or CGI image that portrays minors in sexualized contexts.
Animated or Cartoon Images: Even if the images are drawn or animated (e.g., manga-style or cartoon), if they depict minors in explicit sexual situations, they can be considered illegal under certain laws.
Live Streaming: Instances where minors are shown in real-time performing explicit acts, including on social media or via webcam.
Exploitive Materials in Other Forms: For example, if an adult uses photographs or other material of a minor in a sexually suggestive manner for entertainment or exploitation.

Child Pornography Charges & Penalties in California

Here are several criminal charges related to child pornography in California, along with the penalties for each offense:

Possession of Child Pornography (California Penal Code 311.11): It is illegal to knowingly possess, access, or control any material depicting minors in sexually explicit conduct. The offense is considered a felony under California law. Convictions can result in up to 3 years in state prison and a fine of up to $10,000, along with mandatory sex offender registration.
Distribution or Sharing of Child Pornography (California Penal Code 311.2): Distributing or sharing child pornography, whether through electronic or physical means, is a felony offense in California. Those convicted may face 3 to 8 years in prison and fines of up to $50,000. Offenders must also register as sex offenders under California law.
Production or Creation of Child Pornography (California Penal Code 311.1): Creating or producing child pornography, such as photographing or filming minors in sexually explicit acts, is a felony in California. Convictions carry prison sentences of 6 to 10 years and fines up to $100,000. The offender will also be required to register as a sex offender for life.
Possession of Child Pornography with Intent to Distribute (California Penal Code 311.2(b)): Possessing child pornography with the intent to distribute it is a felony offense in California. Offenders face 3 to 8 years in prison and fines of up to $50,000. A conviction will also result in mandatory sex offender registration.

Additional consequences include:

Sex Offender Registration: A conviction for child pornography crimes typically requires that the defendant register as a sex offender for life under California Penal Code Section 290. This can lead to restrictions on living in certain areas, such as near schools, and can impact the defendant’s ability to find employment.
Probation: In some cases, a defendant may receive probation, though this is rare for felony charges involving child pornography. Probation conditions may include counseling, monitoring, and restrictions on internet access.
Civil Consequences: In addition to criminal penalties, victims of child pornography may file lawsuits against perpetrators or those who distribute such materials.

It’s important to note that federal law also prohibits the possession, distribution, and production of child pornography. Federal charges often carry even harsher penalties and may result in longer prison sentences, larger fines, and mandatory registration as a sex offender. Federal authorities may also investigate internet crimes involving child pornography, even if the offense was committed in California.

Child Pornography Charges & Penalties in California

Here are several criminal charges related to child pornography in California, along with the penalties for each offense:

Possession of Child Pornography (California Penal Code 311.11): It is illegal to knowingly possess, access, or control any material depicting minors in sexually explicit conduct. The offense is considered a felony under California law. Convictions can result in up to 3 years in state prison and a fine of up to $10,000, along with mandatory sex offender registration.
Distribution or Sharing of Child Pornography (California Penal Code 311.2): Distributing or sharing child pornography, whether through electronic or physical means, is a felony offense in California. Those convicted may face 3 to 8 years in prison and fines of up to $50,000. Offenders must also register as sex offenders under California law.
Production or Creation of Child Pornography (California Penal Code 311.1): Creating or producing child pornography, such as photographing or filming minors in sexually explicit acts, is a felony in California. Convictions carry prison sentences of 6 to 10 years and fines up to $100,000. The offender will also be required to register as a sex offender for life.
Possession of Child Pornography with Intent to Distribute (California Penal Code 311.2(b)): Possessing child pornography with the intent to distribute it is a felony offense in California. Offenders face 3 to 8 years in prison and fines of up to $50,000. A conviction will also result in mandatory sex offender registration.

Additional consequences include:

Sex Offender Registration: A conviction for child pornography crimes typically requires that the defendant register as a sex offender for life under California Penal Code Section 290. This can lead to restrictions on living in certain areas, such as near schools, and can impact the defendant’s ability to find employment.
Probation: In some cases, a defendant may receive probation, though this is rare for felony charges involving child pornography. Probation conditions may include counseling, monitoring, and restrictions on internet access.
Civil Consequences: In addition to criminal penalties, victims of child pornography may file lawsuits against perpetrators or those who distribute such materials.

It’s important to note that federal law also prohibits the possession, distribution, and production of child pornography. Federal charges often carry even harsher penalties and may result in longer prison sentences, larger fines, and mandatory registration as a sex offender. Federal authorities may also investigate internet crimes involving child pornography, even if the offense was committed in California.

Why Choose The Law Offices of Grech, Packer & Hanks

At Grech, Packer & Hanks, we are Certified Specialists in Criminal Law. This means you will receive the benefit of our advanced knowledge, trial experience and successes. We have a command of the many complexities involved in sex charges and other criminal cases, some of which have a material effect on the outcome. An example is the circumstance of police charging a defendant for distribution or purchase of child porn through an internet chat room. If this involved an undercover operation, the conduct of police may not have been entirely legal. It may be deemed to be entrapment and luring one into an act they had no predisposition of committing. It must also be proven that is was in fact you who had entered the chat room.

There are many details we will review which may help to have charges lessened or dismissed. In cases that go to trial, the burden of proof still rests with the prosecution. In possession cases, it must be proven beyond a reasonable doubt that you were aware that the material existed in your possession. Many similar intricacies mean all is not lost. We will work tirelessly in the pursuit of the best possible outcome for your case.

Contact a Riverside child porn lawyer? Call us at (951) 682-9311 for a confidential consultation.

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