Child Pornography
California Penal Code section 311 governs the area of child pornography. Specifically, the code prohibits child pornography and the sexual exploitation of a child, classifying both as a felony crime. Further, depending on the circumstances of the case, a child pornography charge can be brought as either a state or federal crime.
California law defines child pornography as material that "depicts minors engaged in or simulating sexual conduct". Sexual conduct includes such things as intercourse, oral sex, anal sex, masturbation, exhibition of the genitals, among other actions meant to sexually arouse the viewer. The code further defines a child as anyone under the age of 18, with limited exceptions.
The code section further includes numerous acts that qualify as child pornography. These include:
- Distribution of child pornography
- Employing minors to participate in or help produce child pornography
- Possessing child pornography
- Advertising child pornography
- Developing, duplicating, printing or exchanging child pornography
The Penalties
A child pornography conviction will come with an array of consequences, many of which depend on the exact offense convicted of, your criminal history and whether or not the charge is a state of federal crime. Although typically prosecuted as a felony, in some circumstances a California child pornography charge can be brought as a misdemeanor. In such cases, you could face up to one year in jail and a fine of up to $2,500. In the more common felony charge, you could be sentenced to between 16 months and eight years in a state prison, along with fines of up to $100,000.00. Aggravating circumstances such as prior child pornography charges will increase your punishment.
A California child pornography conviction will also land you on the California sex offender registry. This public registry is for the duration of your life and will tack on an additional three years of prison to your sentence.
If you have a prior conviction for the same or a similar offense, you face even harsher punishment, which is typically imposed in the form of a longer prison sentence.
Your California Defense Attorney
In order to properly defend against your California child pornography charge and to protect your reputation, career and family, you need to seek the advice of an experienced California sex crime defense attorney. The Law Offices of Jonathan I. Kelman specialize in defending California criminal charges. If you or a loved one has been convicted of a crime, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, contact the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.