Although it is illegal, child pornography is widely available on the internet. An accidental click or a moment of curiosity can lead to an illegal image or file on your computer. If you are facing charges of child pornography, you should take the time to consult a San Diego child pornography lawyer as soon as possible. Roseline D. Feral can investigate your situation, listen to your side of the story, and build a strong defense in your case. We understand that defendants facing these types of charges, as with rape or other sex crime allegations, often have intense feelings of guilt and shame. We provide a compassionate environment in which you can candidly discuss what happened and trust us to handle your matter with discretion.Understanding Child Pornography Charges
Child pornography is any material that depicts children being in a state of undress, engaged in erotic poses, or engaged in actual sexual activity. The material can be in the form of a photograph, film, filmstrip, negative, slide, photocopy, videotape, computer software or hardware, or any other data that depicts a person under the age of 18 engaging in or simulating sexual conduct. The California Penal Code sets forth a number of laws pertaining to child pornography:
- Sections 311.1 and 311.2 make it illegal to knowingly send, transport, produce, possess, or duplicate any child pornography with the intent to distribute it.
- Section 311.3 makes it illegal to knowingly develop, duplicate, print, or exchange any child pornography.
- Section 311.4 makes it illegal to knowingly hire, employ, use, persuade, or coerce a minor to participate in the production of child pornography.
- Section 311.10 makes it illegal to knowingly advertise obscene child pornography for sale or distribution.
- Section 311.11 makes it illegal to knowingly possess or control any child pornography that was produced by using a person under 18.
It is also important to note that sexting (i.e., sending, receiving, or forwarding sexually explicit messages, photographs, or images) involving a minor can also lead to child pornography charges. These charges may arise when sexually explicit material involving a minor is stored on a phone, sent to others, or posted on the internet. A child pornography attorney can help San Diego residents understand whether sexting may lead to charges in their case.
A child pornography conviction can have far-reaching consequences for many aspects of your life. The production, distribution, receipt, or possession of child pornography is illegal both under California state law and under federal law. As in all other criminal cases, however, the burden of proving child pornography charges is on the government, which must prove that the defendant is guilty beyond a reasonable doubt. In California, the offense is a “wobbler,” meaning that it can be charged as a felony or a misdemeanor. A misdemeanor conviction could result in a sentence of up to one year in the county jail, with a fine of up to $2,500. A felony conviction could result in a state prison sentence of up to five years, a fine of up to $2,500, and lifetime sex offender registration.
If you were charged under California or federal child pornography laws, there may be a number of defenses that a child pornography lawyer in San Diego can raise on your behalf. Some common legal defenses against child pornography charges include arguing that you were not in “possession” of the material in question or that you were falsely accused. Evidence against you also may have been obtained through an unlawful search or seizure. In other cases, someone may have planted the material without your knowledge and consent, either by downloading it on your computer or by hacking your computer. Also, a defendant sometimes can argue that the material is not considered “obscene” under the statute.Consult a San Diego Child Pornography Attorney to Protect Your Rights
There are few charges that can damage your reputation more than child pornography charges. If you or someone close to you is facing this situation, Roseline D. Feral is ready to help. She has over 30 years of experience and believes that each defendant deserves strong and thorough advocacy. We represent people in San Diego, Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other cities. For a free appointment with a criminal defense attorney, contact us online or give us a call at 619-232-1010. You also can call Attorney Feral directly at 619-301-1191.