Imagine checking your email on an old friend’s laptop or opening an email from an unfamiliar address, thinking nothing of it. Suddenly, San Diego Police Department officers arrive at your home armed with a search warrant, turning your life upside down. Now, you are being charged with possessing child pornography.
The fear, the uncertainty, the potential consequences—it is overwhelming.
You need someone who understands what you are going through and will fight tirelessly to protect you. At The Law Offices of Kerry L. Armstrong, APLC, we understand the gravity of these accusations. Our San Diego County child pornography lawyers are here to offer experienced, compassionate legal representation.
Understanding California’s Child Pornography Laws
California law takes a hard stance against offenses involving child pornography. These child porn laws aim to protect children and hold offenders accountable. Understanding the specific statutes is crucial. Working with a San Diego County child pornography lawyer will help you defend your rights and create a strong case against each of these charges, which carry severe consequences.
Possession of Child Pornography
Knowingly possessing or controlling material depicting a person under 18 engaged in explicit or simulated sexual conduct is illegal. The prosecution must prove you knew about the material’s presence and illicit nature.
Several years ago, a first offense was typically a misdemeanor, carrying up to a year in county jail, fines up to $2,500, and potential probation with mandatory counseling. However, nowadays most possession cases are charged as a felony, resulting in 16 months, 2, or 3 years in state prison, significantly higher fines (often exceeding $10,000), and mandatory sex offender registration for life.
Distribution, Sale, or Transportation of Child Pornography
This offense involves distributing, selling, transporting, creating, duplicating, or sharing material depicting minors engaged in explicit conduct. The prosecution must prove you knew or reasonably should have known that the content involved minors and that you intended to distribute it, regardless of the profit motive. The offense is automatically a felony, carrying 2 to 6 years in state prison, fines up to $10,000, and mandatory sex offender registration. Repeat offenders face even harsher penalties.
Production or Creation of Child Pornography
With this offense, the prosecution must prove you actively participated in producing or assisting in creating explicit materials involving minors, that this involved exploiting, coercing, manipulating, or abusing a minor, and that you intended to create these materials for any purpose, including personal use, profit, or distribution. This felony carries 3, 6, or 8 years in state prison, fines up to $10,000 (or higher in aggravated cases), and lifetime registration as a Tier 3 sex offender under California sex offender laws.
Aggravating Factors and Federal Implications
Certain factors can increase the penalties you face. These include prior convictions for similar offenses, possessing a large quantity of material, and cases involving violence or coercion during production.
Because of the nature of digital media, these cases can easily cross state lines, triggering federal charges. Federal penalties are significantly harsher, with sentences ranging from 5 to 20 years for possession and 15 to 30 years for production or distribution, as well as lifetime registration as a sex offender.
Get Experienced Defense for Yourself Against Child Pornography Charges
At The Law Offices of Kerry L. Armstrong, APLC, we understand the devastating impact these charges can have. We will:
- Thoroughly investigate your case—examine all evidence, including digital files, search warrants, and police reports;
- Protect your rights—ensure law enforcement follows proper procedures and fight to suppress any illegally obtained evidence;
- Build a strong defense—develop a tailored defense strategy based on the specific facts of your case and explore all available legal options;
- Negotiate with prosecutors—work to negotiate reduced charges or a favorable plea agreement whenever possible; and
- Represent you in court—aggressively represent you at trial, fighting for your acquittal.
We understand the gravity of these charges and their potential impact on your life. Our legal team is committed to fighting for your rights and achieving the best possible outcome.
Possible Defenses Against Child Pornography Charges
An accusation is not a conviction. Our skilled child pornography lawyer in San Diego County will explore several potential defenses depending on the circumstances of your case, including:
- Lack of knowledge. One crucial component of these charges is knowledge. We can argue that you were unaware of the material’s existence or illegal nature, such as the case of unintentional downloads, lack of awareness due to others using your devices, or mislabeled or hidden files.
- Illegal search and seizure. Law enforcement must follow strict procedures when obtaining evidence. If law enforcement violated your Fourth Amendment rights through an improper search warrant, lack of probable cause, or chain of custody errors, we can fight to have the evidence suppressed.
- Mistaken identity. In the digital age, proving identity can be complex. We can investigate whether your accounts were hacked, if devices were shared, or if IP addresses were misidentified.
- Lack of intent. The prosecution must prove you intended to possess, distribute, or create child pornography. We can argue that actions were accidental, such as unintentional sharing, or that the material had a lawful context, such as artistic or educational purposes.
- Insufficient evidence. The prosecution bears the burden of proving guilt beyond a reasonable doubt. We will scrutinize the evidence, looking for weaknesses and inconsistencies, including digital evidence or witness testimony issues.
- Entrapment. We can raise an entrapment defense if law enforcement induced you to commit a crime you wouldn’t have otherwise committed.
- Statutory defenses. Other statutory defenses, like lack of jurisdiction, in cases of offenses occurring outside California may also apply depending on the specific facts of your case.
Exploring all potential defenses is crucial to constructing a solid case and safeguarding your rights. Working with an experienced criminal defense attorney can help determine the best strategy for your situation.
Your Fight Starts Now
If you or a loved one is facing child pornography charges, time is critical. At The Law Offices of Kerry L. Armstrong, APLC, we have handled over 100 jury trials, including complex and high-stakes cases with potential life sentences. Our firm protects your rights, freedom, and future—because we believe justice means more than accepting reduced charges.
You can fight these charges and work toward the best possible outcome with the right legal representation. Our San Diego County child pornography lawyers bring unmatched trial experience, compassion, and relentless advocacy to every case. We will stand by you despite the most challenging circumstances, leveraging every defense strategy to safeguard your reputation and future.
Contact us today for a free, confidential consultation and take the first step toward reclaiming your life with a team that truly fights for you.
Where You Can Find Our San Diego, CA Office
Frequently Asked Questions About Child Pornography Charges
What Should I Do If I’ve Been Accused of Child Pornography Offenses?
Contact our office immediately for guidance. Do not speak to law enforcement without an attorney. Anything you say can be used against you.
Can I Be Charged Even If I Didn’t Know About the Material?
Yes, but lack of knowledge is a strong defense. We can challenge the charges if you were unaware of the material’s presence or nature.
What Is a “Sting Operation” in Child Pornography Cases?
Sting operations involve law enforcement using undercover tactics to identify and arrest individuals involved in child pornography offenses.
What Happens If My Case Goes to Trial?
Our experienced trial attorneys will present a strong defense, cross-examine witnesses, and challenge the prosecution’s evidence to protect your rights.
How Long Does a Child Pornography Case Take to Resolve?
Timelines vary based on the case’s complexity, from months for straightforward matters to over a year.
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