Child pornography is material that depicts children unclothed, engaged in sexual poses or in sexual activity. With the proliferation of the Internet, so too has the volume and accessibility of child pornography. Under both California and Federal law, it is illegal to possess, produce or distribute child pornography. Regardless of what law the crime is prosecuted under, possession of child pornography is a serious charge with serious consequences.
If a person finds themselves being investigated for or being accused of child pornography, they must get an experienced attorney to help them fight the charges.
Under Penal Code 311.11(a), possession of child pornography is a wobbler (i.e., a charge that can be filed as either a misdemeanor or a felony). If charged as a misdemeanor, a person faces up to one year in the county jail. Depending on the facts involved, possession of child pornography under Penal Code 311.11(a), when charged as a felony has a sentencing range of 16 months, two years or even three years. If convicted of possession of child pornography, the defendant will have to register as a sex offender under Penal Code 290.
If a person in possession of child pornography has previously been convicted of the same offense, an enhanced charge under Penal Code 311.11(b) may apply, which increases the punishment in the event of a conviction to two, four or six years in prison.
Distribution of child pornography under Penal Code 311.10 can be filed as a misdemeanor, with a maximum sentence of one year in county jail, or as a felony, in which case a defendant could be sentenced to two, three or four years in state prison, in addition to registering as a sex offender under Penal Code 290.
Being charged with possession or distribution of child pornography can be disastrous and requires finding a lawyer you can trust who will review the evidence to see how best to defend it and position you favorably when it comes to courtroom negotiations. If you or a loved one has been charged with possession or distribution of child porn, contact our office to discuss the matter today.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)