What if, without warning, you found inappropriate images of children in your inbox? You would feel shocked—and rightfully concerned about potential legal consequences. If the unthinkable happens and your local prosecutor’s office charges you with a crime, your life can quickly begin to feel like it is spiraling out of control. You need a sense of peace, and you need to know that you will be able to protect yourself, your rights, and your future.
If you or a loved one is facing such allegations, it is essential to have a compassionate, experienced legal professional in your corner. Your lawyer is your trusted advisor and your representative in court. We will stand beside you and help you understand the law, the process, potential child pornography punishment and penalties, and the most effective strategy to protect your rights.
What Is Considered Child Pornography in California?
Before diving into the penalties, it is essential to understand what constitutes child pornography. In California, child pornography refers to any visual depiction—whether photographs, videos, or digital images—of a minor (under age 18) engaging in or simulating sexual conduct. Possessing, distributing, or producing these materials is illegal under California Penal Code §311. Even a single image can result in serious legal consequences.
What Is the Difference Between State and Federal Child Pornography Charges?
State charges typically deal with crimes that occur within California, while federal charges may apply if the child pornography materials crossed state lines, were distributed on the internet, or involved international elements. Federal penalties are usually more severe and can result in decades of imprisonment. This article will focus on California state charges.
Child Pornography Punishment
The amount of jail time for child pornography convictions can be severe. In California, the penalties vary based on the specific nature of the crime, such as possession, distribution, or production. These charges can be classified as misdemeanors or felonies, each carrying different levels of punishment.
Possession
Simply possessing child pornography is generally a wobbler offense, meaning it can be charged as a misdemeanor or felony. If charged as a misdemeanor, you could face up to one year in county jail and a fine of up to $2,500. However, a felony charge could result in up to three years in state prison.
Distribution or Production
If you are convicted of distributing or producing child pornography, you are likely facing a felony charge. The sentence for child pornography distribution or production is far more severe, with penalties of up to six years in state prison for each count. If federal laws come into play, the penalties could be even harsher, leading to decades in prison.
The severity of the sentence for child pornography convictions depends heavily on factors like the number of images involved, the age of the depicted minors, and whether you have prior convictions.
Additional Child Pornography Penalties
A conviction does not end with a prison sentence. The ripple effects can last a lifetime, impacting multiple areas of your life.
Sex Offender Registration
Under California Penal Code §290, anyone convicted of child pornography offenses must register as a sex offender. This registration is public, meaning your neighbors, employers, and anyone else can access your information. Most child pornography offenses carry lifetime sex registration.
Professional and Personal Impact
A child pornography conviction often causes job loss and makes finding new employment extremely difficult. Most employers conduct background checks, and a conviction will likely disqualify you from many positions, particularly those involving children or vulnerable populations.
Loss of Rights
If convicted of a felony, you will lose your right to own firearms, could lose custody of your children, and you may have trouble securing housing or federal benefits.
Additionally, a child pornography conviction can lead to social stigma and strained personal relationships. It may also result in restrictions on where you can live, as those on parole generally must life only in certain areas.
Defenses Against Child Pornography Charges
Facing child pornography charges does not mean a conviction is inevitable. We can use several legal defenses to fight these charges. Here are some common defenses a seasoned San Diego County sex crimes lawyer might use:
- Lack of knowledge. If you were unaware of the content on your device, this defense could be viable. For instance, files could be downloaded unknowingly through file-sharing networks or by other means.
- Illegal search and seizure. If law enforcement obtained evidence against you without a proper warrant or violated your constitutional rights during the investigation, your attorney may be able to get the evidence excluded. If a judge excludes enough critical evidence, the prosecutor may have no choice but to dismiss the charges.
- False allegations. False accusations of child pornography, though rare, can arise in certain circumstances, such as contentious divorces or custody disputes. Your lawyer can present evidence that disputes the false allegations.
Seeking skilled legal counsel early on can help build a strong defense strategy to fight against false allegations.
Call (619) 234-2300 or complete a Free Case Evaluation form today
Can Child Pornography Charges Be Reduced or Dismissed?
Reductions or dismissals are possible, especially with challenges to evidence collection or weak prosecution cases. An experienced defense attorney can file motions to exclude evidence, challenge the legality of the search, and negotiate for reduced charges or penalties.
Why You Need Our Experienced San Diego County Sex Crimes Lawyers
If you are facing child pornography charges, the stakes are incredibly high. Dealing with charges like these can feel overwhelming, but skilled sex crimes attorneys in San Diego County can guide you through every step. Without a knowledgeable lawyer, you risk making missteps that could ruin your future. You deserve a strong defense and someone who will protect your rights at each turn.
The sooner you hire a skilled attorney, the better your chances of a positive outcome. Child pornography cases often move quickly, and delays can limit your defense options. The evidence, including electronic data, can be complex, requiring expert analysis to mount a strong defense. Quick action allows your attorney to thoroughly investigate and formulate your defense strategy.
Act Quickly to Protect Your Future
The Law Offices of Kerry L. Armstrong, APLC, fully understands the seriousness of these charges and has effectively defended many clients accused of sex crimes.
Our team of San Diego County sex crimes lawyers knows how to challenge evidence, expose weaknesses in the prosecution’s case, and secure the best possible outcomes for you. With years of experience and a track record of success in sex crimes cases, we are committed to defending your rights and future. Count on us to support you through this challenging period.
Contact us today to schedule a confidential consultation and learn how we can help.
Where to find our San Diego office
Resources:
- Citizen’s Guide To U.S. Federal Law On Child Pornography. US DOJ link
- CALCRIM No. 1144. Using a Minor to Perform Prohibited Acts (Pen. Code, § 311.4(b), (c)) link
Kerry L. Armstrong
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