LOS ANGELES CHILD PORNOGRAPHY DEFENSE LAWYER
Accusations of child pornography carry a heavy stigma and can lead to severe consequences, even for those who are innocent. In the state of California, the prosecution of this crime has intensified, resulting in dire outcomes for individuals charged with such offenses.
If found guilty, not only may you be subject to substantial fines, but you could also face significant prison time and be required to register as a sex offender. The emotional toll of being accused of child pornography is immense, often resulting in the loss of relationships with family and friends. You may also face the loss of your job and struggle to find employment in the future due to the serious nature of the offense. Reintegrating into society after serving a prison sentence can be challenging, as you may encounter difficulties securing employment, obtaining government student loans for college, renting a home, owning a firearm, or obtaining a professional license.
When facing allegations of child pornography in Los Angeles, it’s crucial to understand the intricacies of your situation. Consulting with a qualified Los Angeles Child Pornography Defense Lawyer is essential. Cyrus can provide you with the necessary knowledge and guidance to navigate the legal process and mount a strong defense.
WHAT IS CHILD PORNOGRAPHY ?
Child pornography, as defined by California law, encompasses a broad range of materials that involve children under the age of 18 engaging in or simulating sexual conduct. These materials can take various forms, including computer-generated images, photocopies, films, computer hardware and software, photographs, video laserdiscs, videotapes, slides, and more.
Under California Penal Code Section 311.4, sexual conduct is extensively defined and includes acts such as anal and oral copulation, sexual intercourse, sexual sadism and masochism, oral copulation, bestiality, masturbation, the use of objects to engage in sexual penetration, excretory functions performed in a sexual manner or to arouse sexual desire, and the exhibition of private body parts for sexual stimulation. Simulated sexual conduct is also covered under the law, referring to acts that indicate or represent sexual conduct.
These provisions highlight the broad scope of child pornography offenses in California, emphasizing the seriousness of engaging in or possessing materials that exploit children in sexually explicit ways.
TYPES OF CHILD PORNOGRAPHY CHARGES CALIFORNIA
California has enacted several laws targeting various behaviors related to child pornography, all of which prohibit the creation, possession, or distribution of such material. Here are the different charges under California’s child pornography laws:
Possession of Child Pornography:
Under California Penal Code Section 311.11 PC, you can be charged with this offense if you knowingly possess material that depicts child pornography acts. It’s important to note that if someone downloads child pornography onto your devices without your knowledge or if you accidentally come across such material, the specific details of your case will be examined to determine the appropriate sentence, whether it is a felony or a misdemeanor. Factors such as the type and quantity of material in your possession, as well as your prior criminal record, will be considered.
Distribution of Child Pornography:
California Penal Code Sections 311.1 and 311.2 PC criminalize the knowing exhibition, exchange, or distribution of child pornography. This includes owning child pornography materials, importing or exporting them across state lines, producing or publishing child pornography, and duplicating or printing such material. The severity of the charges depends on factors like the intent to use the child pornography for commercial purposes, the level of obscenity of the materials, and the intended recipients.
Sexual Exploitation of a Child:
Creating, printing, or duplicating child pornography materials, even without the intent to distribute them, can lead to either wobbler (misdemeanor or felony) charges. The act of documenting child pornography itself constitutes a criminal offense.
Other child pornography crimes encompass hiring minors for engaging in child pornography, advertising child pornography, and coercing or persuading a minor to partake in such activities.
It’s important to understand that child pornography offenses carry severe legal consequences in California. If you are facing charges related to child pornography, seeking the guidance of an experienced attorney is crucial to protect your rights and navigate the complexities of the legal system.
PENALTIES FOR FEDERAL CHILD PORNOGRAPHY CHARGES
The penalties for federal child pornography charges vary depending on the specific conduct involved in the offense. Here are some general guidelines:
POSSESSION OF CHILD PORNOGRAPHY
For first-time offenders of child pornography possession, it is considered a felony, punishable by up to $2,500 in fines and/or a maximum of 12 months in state prison. Repeat offenders who have previously been convicted for possession of child pornography are subject to felony charges and may face 2, 4, or 6 years of imprisonment, along with the requirement to register as a sex offender.
DISTRIBUTION OF CHILD PORNOGRAPHY
Possessing, distributing, or transporting obscene child pornography is a “wobbler” offense, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances. If convicted, the penalties can include a fine of up to $10,000 and a potential prison sentence of 2, 4, or 6 years in state prison. The commercial distribution of child pornography is considered a felony and carries similar penalties.
SEXUAL EXPLOITATION OF A CHILD
First-time offenders of child exploitation related to child pornography may face a “wobbler” charge, which can be treated as either a misdemeanor or a felony. The penalties for this offense can include a fine of up to $2,000 and a maximum of 12 months in a Los Angeles County jail. Subsequent offenses are treated as felonies, punishable by fines of up to $10,000 and imprisonment for 16 months, 2 years, or 3 years in state prison.
These penalties are general guidelines and can vary based on the specific circumstances of each case and applicable federal laws.
LEGAL DEFENSES FOR CHILD PORNOGRAPHY CHARGES
ILLEGAL SEARCH AND SEIZURE: One possible defense is challenging the legality of the search and seizure conducted by law enforcement. If they obtained the evidence against you without a proper warrant or without reasonable cause, it may be argued that the evidence should be excluded.
ENTRAPMENT: If you can demonstrate that you were coerced or induced by law enforcement or another person into committing child pornography-related acts that you would not have otherwise done, an entrapment defense may apply.
INNOCENCE: You may assert your innocence by showing that you were unaware of the presence of child pornography materials, such as if you unintentionally accessed a website or clicked on a link without knowledge of its content. Proving that you had no intent or knowledge of the material can be crucial.
CONTENT NOT APPLICABLE: If the material in question does not meet the state’s legal definition of child pornography, you can argue that it does not qualify as such. This defense can also be applicable if the material in your possession has been officially rated by the Motion Picture Association of America (MPAA).
AGE: To convict you of child pornography charges, the prosecution must prove that you were aware that the individuals involved in the material were under 18 years old. While ignorance is not a defense, if you genuinely believed the individuals were of legal age or had no reason to suspect their age, it may be a mitigating factor.
FALSE ACCUSATION: If you can present evidence or a credible motive to support the claim that someone falsely accused you of child pornography, this defense can be utilized. Showing why someone would falsely level such charges against you may be crucial to your case.
PSYCHOLOGICAL ADDICTION: If you have a recognized psychological addiction and can demonstrate genuine remorse for your actions, it may be possible to seek counseling or treatment as an alternative to a prison sentence. Medical professionals’ testimony can be crucial in supporting this defense.
SPEAK WITH LOS ANGELES CHILD PORNOGRAPHY DEFENSE ATTORNEY
Facing charges of child pornography is an extremely serious matter that requires the expertise of a skilled criminal defense attorney in Los Angeles. At Tabibnia Law Firm, we understand the gravity of these accusations and are committed to protecting your rights and vigorously challenging the allegations against you.
Cyrus Tabibnia, our experienced criminal defense lawyer, is well-versed in the severe penalties and life-altering consequences that come with a conviction in child pornography cases. With a proven track record of success, he has effectively defended numerous clients facing both state and federal charges related to child pornography.
It is not uncommon for individuals to be falsely accused of child pornography by a vindictive estranged spouse during a custody dispute or divorce. Similarly, conflicts at work can sometimes lead to unwarranted searches of personal computers, resulting in the discovery of illicit images that the accused was unaware of.
These images may have been deliberately planted by a malicious individual or unknowingly downloaded through a virus. Regardless of the circumstances surrounding your case, if you find yourself confronted with child pornography charges, it is crucial to seek immediate legal assistance from a knowledgeable sex crime defense lawyer in Los Angeles, such as those at Tabibnia Law Firm.
