California Child Pornography Laws And Penalties

Child pornography is a serious offense under California law since it victimizes and exploits innocent children. The criminalization and punishment of child pornography are covered under the California Penal Code 311. This law prohibits several acts associated with child pornography, including production, possession, and distribution. Given the seriousness and complexity of child pornography charges, you require the legal representation of a competent attorney. An attorney will evaluate your case, assess the evidence presented against you, and help you create a strategic defense strategy.

Child Pornography Statutes

California has strict statutes that cover the production, possession, and distribution of child pornography. The law acknowledges the need to protect minors from sexual abuse and exploitation. Child pornography is outlined under several laws, providing a legal framework to deal with this heinous offense. The laws include:

Penal Code 311 PC

Penal Code 311 is the fundamental law that directly provides for the offenses of child pornography. This law prohibits acts involving the production, possession, and distribution of child pornography.

Penal Code 311.1

Penal Code 311.1 law punishes the acts of solicitation or advertising child pornography. It makes a crime any act of promoting, seeking, or encouraging child pornography or acknowledging the role that these acts play in perpetuating child exploitation.

Penal Code 311.2

Penal Code 311.2 governs the involvement of children in the production of pornography. It makes it a crime to involve children in any form of explicit sexual behavior, including the production or distribution of pornographic material involving their participation.

Penal Code 311.3

Penal Code 311.3 governs the possession of obscene matter depicting children participating in sexual conduct. It prohibits the possession of explicit material that involves children, regardless of whether the possessor intends to sell or distribute it.

The above laws work together to provide a comprehensive legal framework to deal with the crimes of child pornography. These laws ensure that those involved in the production, possession, or distribution of child pornography can be held accountable for their actions.

Elements Of Child Pornography Statutes

The laws that govern the crimes of child pornography encompass various vital elements and provisions:

Prohibition Of Explicit Material Involving Children

It is a crime under California law to create, advertise, use, solicit, possess, and distribute explicit material depicting children participating in sexual conduct. This law aims to protect minors from abuse and exploitation.

Production, Possession, And Distribution Crimes

Child pornography statutes cover three distinct categories of crimes. They prohibit the following:

• The production or creation of child pornography.
• The possession of child pornography with the intent to sell, distribute, or even for personal use.
• The sale or distribution of child pornography.

Written Or Visual Representation

Child pornography statutes cover different written and visual representations of child pornography, including:

• Textual descriptions.
• Computer-generated images.
• Digital media.
• Videos, and
• Photographs.

Any explicit material involving children can be classified under the purview of these statutes. Any of the above avenues can show a child engaging in explicit sexual behavior. Explicit sexual behavior can involve different acts. It is a severe crime to produce, solicit, advertise, possess, distribute, or use explicit material involving children.

The Willingness and Age of Consent Are Not Relevant

Child pornography statutes do not consider the child's willingness to participate and the age of consent. The main aim is to protect children from exploitation, regardless of their understanding of the situation and consent. Under California law, a child below 18 years cannot give consent. Therefore, you cannot fight your charges by alleging that a child was willing to participate in pornographic activities.

Matter or Material Under Law

According to the child pornography statutes, "matter or material" means any form of written or visual representation that depicts explicit sexual behavior involving children. This representation constitutes physical photographs, drawings, and videos. It also constitutes digital files stored on computers, hard drives, or other electronic devices. The legislation aims to address the evolving nature of technology using various media. The purpose of the law is to prevent criminals from exploiting children through different means.

Sexual Conduct

Sexual conduct means explicit acts involving children deemed unlawful according to child pornography statutes. Sexual conduct in California constitutes different strictly prohibited activities. The activities include:

• Sexual touching or masturbation — These are acts involving sexual touching or manual stimulation of a child. It could be self-inflicted or performed by someone else.
• Sado-masochistic abuse — This is any description or representation of children participating in sadomasochistic abuse, like sadistic acts or bondage.
• Genital exposure — This involves showing the child's genitals for sexual purposes or in any other way considered sexual conduct.
• Simulated or actual sexual intercourse — This involves explicit descriptions or representations of penetration. It could be simulated or actual between children or adults and children.

Obscene Act

Determining whether an act is obscene involves a legal evaluation considering specific standards and criteria. The obscenity concept plays a significant role in the assessment of explicit material and the application of child pornography statutes. Generally, the determination of obscenity is based on a three-pronged test. The Supreme Court established the three-pronged test in the landmark case Miller V. California in 1973. The three include:

• Lack of profound political, scientific, literary, or artistic value — The material should not have serious value regarding political, scientific, literary, or artistic merit. A material is not obscene if it possesses the outlined value.
• Offensive sexual conduct — According to contemporary community standards, the material must describe or depict sexual conduct in a patently offensive way. This refers to conduct that exceeds societal norms and is regarded as excessively graphic or explicit.
• The average individual's standard — The whole material must be evaluated by the standards of the average individual in the community where the material was exhibited or distributed. This community-specific standard considers societal norms, sensibilities, and local values.

Obscenity determination is greatly context-dependent and subject to interpretation based on the local community's standards. These criteria are used to determine whether explicit material crosses the line into obscenity, including that involving minors engaged in sexual conduct.

Acting Knowingly

The element of acting "knowingly" under child pornography statutes plays a significant role in determining liability or guilt. You can only face charges under child pornography laws if you act knowingly. This means that you knew the nature and content of the material in question. The said material should have depicted the children participating in explicit sexual conduct. Typically, you must have been aware that you were dealing with child pornography.

The "knowingly" aspect focuses on your state of mind and your knowledge of the material's content. If a reasonable person would have been aware of the nature of the material, then it is not a valid defense to allege ignorance or lack of knowledge about the presence of child pornography. The prosecutor must prove beyond a reasonable doubt that you were aware of the explicit content. He/she must also prove that the content involved children engaging in sexual conduct.

Penalties For Violating Penal Code 311

You could face severe legal repercussions for violating Penal Code 311. The penalties you could face for committing these offenses depend on several factors, including:

• The specific circumstances surrounding your charges.
• Your criminal history, and
• The nature of your crime.

You could face misdemeanor or felony charges if you are guilty of child pornography. You will face charges depending on your criminal record and your case details.

Penalties For Misdemeanor Child Pornography

You could face the following penalties if you are convicted of misdemeanor child pornography:

• Fines ranging between $1,000 and $2,500.
• A jail term that does not exceed one year in a county jail.
• Misdemeanor probation.

On the other hand, felony child pornography charges could attract the following penalties:

• A fine that does not exceed $2,500.
• A jail term that does not exceed three years in a state prison.
• Felony probation.

Child Pornography And Gun Rights

Federal and state laws regulate the possession and ownership of firearms in the United States. Certain convictions could result in the loss of your gun rights. You could lose your gun rights if you are guilty of child pornography. You could lose your gun rights after a child pornography conviction because it is categorized as a felony under federal and state laws. Usually, felony convictions attract restrictions on firearm ownership and possession.

Child Pornography And Immigration Consequences

A child pornography conviction could have negative immigration consequences if you are a non-U.S. citizen. According to the U.S. immigration statutes, certain offenses involving moral turpitude can negatively affect non-U.S. citizens. The possible repercussions could include:

• You can find it challenging to secure naturalization.
• Loss of immigration benefits like visa or green card.
• Inadmissibility into the United States.
• Removal or deportation from the United States.

Sex Offender Registration

You could be subject to mandatory sex offender registration if convicted of child pornography under Penal Code 311. In this case, you must adhere to all requirements of the Sex Offender Registration Act (SORA).

Sex offender registration constitutes providing personal information, like address and employment information, to law enforcement agencies. You could face additional criminal charges and penalties if you fail to adhere to these registration requirements.

Expungement of Child Pornography Charges

Not all individuals convicted of child pornography qualify for expungement. You must meet certain conditions before you are eligible for this legal remedy. You could be eligible for an expungement if you meet the following conditions:

Proof Of Rehabilitation

Providing evidence of rehabilitation is an essential aspect of the expungement process. Your proof could include the following:

• Evidence of counseling or therapy.
• Proof of participating in community service.
• Evidence of education.
• Proof of employment.
• Testimonies from people who can vouch for your character and positive change.

Passing a Specified Waiting Period

Every jurisdiction has a waiting period before you can seek an expungement.

No New Criminal Charges

You can only secure an expungement if you have not faced any new criminal charges since you completed your sentence for a child pornography crime. Showing good behavior and commitment to law-abiding behavior is essential.

Completion Of Probation

The court could grant your expungement request once you complete your probation period without violating any conditions. For example, paying fines or restitution, enrolling in counseling and treatment programs, and adhering to any other obligations set by the court.

Defenses to Penal Code 311 Charges

It is crucial to mount a vigorous defense when facing child pornography charges under PC 311. This is the only way to protect your rights and contest the accusations against you. Each case is unique, but several legal defenses are available for you to challenge child pornography charges. They include:

Matter With A Legitimate Purpose

Distributing or possessing child pornography is unlawful under Penal Code 311 PC. However, certain materials involving children could have legitimate purposes and do not involve child pornography. This could be a valid defense if you prove that the materials were secured, distributed, or possessed for legal and legitimate purposes. Some of the legitimate purposes for materials involving children include:

• Legal proceedings — In some legal contexts, materials for children could be presented as proof during investigations or trials to ascertain facts or support a legal defense. The materials are essential for legal purposes following the legal system.
• Scientific or medical purposes — Scientists or medical professionals could use materials involving children for legitimate scientific or medical research. This could include carrying out clinical trials or studying child development. These activities occur within their designated fields' ethical and legal frameworks.
• Artistic expression — Certain forms of art, like visual arts, filmmaking, or photography, could involve depictions of children in a non-pornographic or non-exploitative manner. Artistic expression, which serves a legitimate purpose, has an artistic advantage. It does not constitute explicit sexual conduct considered legal.
• Police investigations — Law enforcement agencies could distribute or possess materials involving children in their investigations into child pornography and exploitation. These activities seek to protect minors and charge offenders.
• Education and research, including psychological research and academic studies. It could also involve purposeful professional training to understand and prevent child exploitation.

No Child Pornography

You should know that the burden of proof lies with the prosecutor when fighting child pornography charges. You can only be convicted under PC 311 if the prosecutor proves beyond a reasonable doubt that the material you possess meets the legal definition of child pornography. You have to fight the prosecutor's allegations and question the validity of the evidence presented against you.

You Did Not Act Knowingly

In child pornography lawsuits, the prosecutor must provide substantial evidence showing that you knowingly engaged in the prohibited act. The prosecutor must show that you were aware that the material involved depicted children participating in sexually explicit behavior. If the prosecutor fails to provide evidence of your knowledge about the content, the case against you could weaken. Lack of knowledge can be a valid defense, and you cannot be convicted of something you were unaware of.

You are a Victim Of Police Entrapment

Entrapment happens when the police induce you to commit an offense you would not have otherwise committed. This defense can be admissible in court if you can prove that you were coerced, persuaded, or manipulated by the police to participate in child pornography-associated acts.

False Accusations or Mistaken Identity

False accusations or mistaken identities are common in child pornography cases. The judge could dismiss your case if you can prove beyond a reasonable doubt that you were not involved in child pornography.

Violation of Privacy Rights

At times, you could face child pornography charges for invading another person's privacy or unauthorized access to their personal devices or online accounts. This defense can be valid if your privacy rights were violated during the investigation. Your charges could be dismissed if your attorney succeeds in convincing the judge.

Lack of Authenticity or Tampering

It is crucial to examine the authenticity of the prosecutor's evidence. Digital evidence, like videos or images, can be susceptible to misinterpretation, alteration, or manipulation. Contesting the integrity or authenticity of the evidence can cast doubt on its reliability and undermine the prosecutor's allegations. If this happens, the court could reduce or drop your charges.

Lack Of Knowledge Or Intent

A child pornography case requires the prosecutor to prove that you knowingly produced, accessed, distributed, or possessed explicit material involving children. Your case could be dropped if your attorney demonstrates that you were unaware of the presence of these materials.

Find A Criminal Attorney Near Me

If you face charges for possessing, producing, or distributing child pornography, you should seek the assistance of a competent criminal defense attorney. A lawyer will help you comprehend the charges against you and evaluate your legal options. The primary role of an attorney is to determine how to defend your legal rights and interests in court. A child pornography attorney will carefully investigate the facts of your case, examine the evidence, and dispute any violations of your legal rights. For legal representation, you can count on the Los Angeles Criminal Attorney. Our child pornography attorneys offer discreet and nonjudgmental assistance while defending you to protect your rights and freedom. Contact us at 424-333-0943 to speak to one of our attorneys.