- Penal Code 311.1 and 311.2 make it a crime to knowingly send, transport, produce, possess or duplicate any child pornography, with intent to distribute it;
- Penal Code 311.3 (“sexual exploitation of a child”) makes it a crime to knowingly develop, duplicate, print or exchange any child pornography;
- Penal Code 311.4 makes it a crime to knowingly hire, employ, use, persuade, or coerce a minor to participate in the production of child porn;
- Penal Code 311.10 makes it a crime to knowingly advertise obscene child porn for sale or distribution;and
- Penal Code 311.11 makes it a crime to knowingly possess or control any child pornography that was produced using a person under 18.
The penalties for child pornography in California vary depending on the specific child pornography statute you are alleged to have violated.
Most California child porn offenses are either California wobblers (crimes that can be charged as misdemeanors OR felonies) or California felonies.
When California child pornography is charged as a misdemeanor, the maximum penalties are usually one (1) year in county jail and a fine of up to two thousand dollars ($2,500)
But for felony child pornography in California, the defendant will typically face a California state prison sentence of anywhere from sixteen (16) months to eight (8) years.
Fines for felony child pornography can go as high as one hundred thousand dollars ($100,000).
Perhaps worst of all, any child pornography conviction in California subjects you to California’s lifelong sex offender registration requirement.
How can we defend you against charges of Possession of California Penal Code 311.11 PC Possession of Child Pornography?
Some common legal defenses that you and your criminal defense lawyer can use to fight child porn charges include:
- You were entrapped under California entrapment law;
- You didn’t act knowingly or with the required intent;
- You were falsely accused;
- Evidence against you was obtained through an illegal search and seizure; and
- You have a psychological addiction.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on Child Pornography charges for more info.