Facing arrest for handling child pornography material can attract detrimental and severe consequences, including lengthy prison sentences and hefty fines. The offense may involve multiple elements of crime, but the central aspect in all cases is your direct involvement with the material. Child pornography laws impose strict regulations and harsh penalties, as the law is keen on protecting children from sexual exploitation. As a party facing child pornography charges, you should work closely with your criminal attorney to prepare strong defenses to justify your position.
At Monterey Criminal Attorney, you will work with experienced criminal defense attorneys who understand the legal principles applicable to your case. We aim to provide reliable legal guidance and support to help you fight your charges, and you can trust us to deliver quality services. Thanks to the multiple cases we have previously handled, our team is also well-experienced, so you can look forward to higher chances of a successful case outcome. Our services are available to anyone facing cold pornography charges in Monterey, California.
The Nature of the Crime
Committing child pornography in California may involve different actions, as the nature of the crime varies from one case to another. Based on this, Section 311 of the California Penal Code prohibits the offense, providing additional details in subsections for each form of the crime.
The broad definition of child pornography under the penal code provision is any audio, visual, or simulation content that depicts children involved in sexual activities. The content may be stored in various materials like discs, tangible photographs, and negatives.
Further, material containing child pornography can be diverse and include films uploaded online, stored on flash disks, compact disks, or computer files. The law has also included computer-generated images as part of the prohibited content if they depict minors engaging in sexual activity.
The law prevents specific actions related to child pornography, so you must also understand the restrictions that could lead to arrest. Among them are possessing pornographic material for personal use, distributing it to third parties, and selling it for profit. Additional actions like copying or reproducing the material are illegal, and the prosecutor determines the most suitable way to file a case against you.
California Child Pornography Prohibitions Under PC Section 311
Since Section 311 of the Penal Code is a general provision, it breaks down the specific actions prohibited under child pornography laws. In doing so, the prosecutor can rely on one main subsection from Section 311 when presenting a case against you.
Based on this, you need to understand the legal prohibitions under each subsection to help you prepare for your upcoming trial. The provisions under Section 311 that may relate to your case include:
Prohibition from Sale, Distribution, Duplication, Exchanging, and Transportation of Child Pornography
Trading and profiting from child pornography is unlawful, and the Penal Code names the expressly prohibited actions that warrant arrest. Sections 311.1 and 311.2 prevent you from selling, duplicating, transporting, or exchanging child pornography, as it contributes to its spread and trade.
Making the provisions clear by naming the illegal actions is necessary because it provides clarity during arrest and prosecution. In your case, you can also prepare a more solid argument in your defense after understanding the exact accusation you face.
Prohibition from Advertising and Selling Child Pornography
Promoting the spread of child pornography is unlawful and is expressly prohibited under Section 311.10 of the Penal Code. The law makes specific provisions for these actions to deter people from benefiting from the continued spread and access of graphic material.
Based on this, your arrest and trial may be premised on your direct participation in trying to promote the content. You are, therefore, in a better position if you can assess all elements of crime with your criminal attorney ahead of trial.
Prohibition of Possession
Section 311.11 of the Penal Code prohibits possessing child pornography, making it unlawful to retain it. It may be irrelevant during your trial to justify your position by stating that the possession was for personal use, as it still promotes child exploitation.
Based on this, the prosecutor’s case may be based mainly on your possession of child pornography, and their case may be successful if they can prove all elements of the crime. Possession often involves controlling the material in question, regardless of whether you have it on your body.
If the pornographic material is retrieved from your house or car, it still counts as possession because you own and control these environments. You, therefore, need to prepare compelling defenses to counter the prosecutor’s case and justify your position.
Prohibition from Creating, Printing, or Duplicating Child Pornography
The Penal Code holds all parties associated with the creation of child pornography accountable, as they are the primary source that enables its distribution. Under Section 311.3, you face criminal liability for creating child pornography through drawings, cartoon images, art forms, or filming.
Additionally, duplicating, printing, or exchanging images or electronic records of child pornography is unlawful, as you continuously expose the material to new people.
Prohibition from Forcing a Minor to Engage in Child Pornography Production
Section 311.4 makes it a criminal offense to solicit or force a minor into child pornography production, and you may face harsh felony penalties for doing so. Solicitation often involves luring the child by promising toys, money, or food or creating false circumstances to make them agree to join you.
Forced circumstances are worse, as they expose the child to potential physical abuse and continuous exploitation. You may also be liable for separate charges like kidnapping and child endangerment, which the prosecutor considers the most effective way to proceed with your case.
Federal Law Prohibitions on Child Pornography
Federal laws apply beyond California, and they warrant your arrest and prosecution in federal court, where the laws and punishments are harsher. These laws apply in child pornography cases involving the distribution of material beyond California.
As technology advances, many investigations now involve federal prosecutions for parties facing child pornography charges, as the suspects can easily send the material anywhere through the internet.
The definition of child pornography on the federal level also encompasses a broader scope of material, as it terms the content as “any visual representations of children participating in sexual activities.” The term 'visual representation’ is open to different interpretations, including multiple computer-generated images.
Similarly, depictions created through artificial intelligence may also meet the federal child pornography description. Due to this, you need to thoroughly assess your case with your criminal attorney’s help to establish whether you are subject to criminal liability.
Federal Laws that Prohibit Child Pornography
The United States Code is the primary legal provision that encompasses child pornography laws, so you need to study it if you strongly believe that your case may attract federal charges. Under Section 2252, Title 18 of the Code, you are prohibited from distributing, possessing, selling, or receiving child pornography. Violating this section attracts a sentence of five to twenty years in state prison, and the judge applies discretion in determining the number of years to issue.
Section 2256 further prohibits producing explicit images that depict children engaging in sexual activity, and guilty persons risk facing between fifteen and thirty years in state prison. The penalties are harsher because producing images may involve directly exploiting children.
You may also be liable for producing or sexually exploiting minors to produce child pornography under Section 2251 of the Code. The offense carries a similar penalty of fifteen to twenty years for anyone found guilty, so your criminal attorney must prepare compelling defenses on your behalf.
Elements of Crime for the Prosecutor to Prove
Regardless of whether you face charges under California state laws or in a federal court, a prosecutor is assigned to your case and is in charge of presenting evidence against you. The law mandates prosecutors with the burden of proof to demonstrate your guilt, mainly because the prosecution team represents the state and the complainants.
Further, the prosecutor must prove all elements of the crime beyond a reasonable doubt before the presiding judge and jury can issue their verdicts. Demonstrating that you are guilty beyond a reasonable doubt requires the prosecutor to provide compelling evidence for each accusation.
You can thus expect the prosecutor to focus on all relevant elements of crimes when presenting, and you should familiarize yourself with the details to remain ready. The main elements of crime in child pornography cases are:
You Knowingly Possessed, Distributed or Sold Child Pornography
Having knowledge of your actions and the possible consequences they may create is essential, as it demonstrates your indifference to the law. Based on this, the prosecutor must show that you were aware of the content you were handling and that you still proceeded to handle it in various ways.
You can expect the prosecutor to show that you knowingly possessed child pornography, meaning you knew it existed within your control. Showing that you watched it is not mandatory, but the prosecutor may choose to do it to strengthen their case.
Moreover, your case may require the prosecutor to show that you sold or distributed the material, and they may do so using various evidential sources. For example, surveillance footage, email correspondences, and witness testimonies may all be relevant in demonstrating your unlawful actions.
You Have Received Child Pornography
Alternatively, the prosecutor may have to demonstrate that you received child pornography from third parties, meaning it was in your possession for a while. The graphic content may be received through emails, links, or physical storage like a flash or compact disk. In court, the prosecutor supports their argument by presenting the material as exhibit evidence, communication records, or footage showing you accept the content.
You Promoted or Intended to Promote the Material for Profit
Many child pornography cases involve distributing the content for profit, so the prosecutor must prove this element of crime if it is relevant. You can expect them to uncover the price tags you attached to different content and how you organized your promotions to push for sales.
Additionally, the prosecutor may present your promotion strategies to third parties, mainly if you worked with other co-accused persons in promoting the pornographic material for profit. The prosecutor can engage in the same argument even if you only intended to promote the content but have not yet done so.
Defenses Against Child Pornography Charges
The defense hearing is critical to the final case determination, allowing you to cast reasonable doubt on the prosecutor’s case. Further, you can introduce new, compelling evidence to justify your position, raising your chances of a favorable outcome.
You should, therefore, work closely with your criminal defense attorney to ensure your defenses are well structured and that you have sufficient proof to support them. Doing this makes you better positioned to contradict the prosecutor’s position.
Some applicable defenses to your case include the following:
The Material in Question was Not Child Pornography
Investigation officers may sometimes find films, recordings, photographs, or any other material that could easily be mistaken for child pornography, resulting in your arrest. You, therefore, have to raise the issue in your defense hearing if you strongly believe that your arrest was unfair because the material in question was not child pornography.
When presenting the defense, you should provide compelling evidence to support your decision. This is because the prosecutor will have already taken considerable steps to demonstrate that you handled child pornography, so you need to dispute that when necessary.
One of the applicable arguments when using this defense is that all persons in the material were consenting adults, and their depiction as children was inaccurate. Your criminal attorney can dissect the information further by pointing out the oversights in the prosecutor’s case.
For example, if the prosecutor cannot verify the ages of the minors in the pornographic material, you can raise the issue and provide supporting evidence to show that they were adults. Sourcing this evidence may require extensive research on the persons’ identities, but your attorney is ready to help.
You Possessed the Material for Legitimate Purposes
You may also argue that your arrest and trial have been unfair if you possessed pornographic material for legitimate purposes. When raising this defense, the central aspect of proving it is whether your intentions of having the pornographic material were legitimate.
The legitimacy aspect requires you to show that you have the materials to research child psychology, medical issues, investigative reporting, or fulfill your duties as a law enforcement officer. Depending on the professional role you intend to fulfill by analyzing child pornography, you must provide documents to validate your role.
For example, if you are a licensed psychiatrist researching the effects of sexual abuse on children when they grow up, you should present your practice license. You must also present your research proposal in court to help you justify your claims and validate your position.
Further, you can demonstrate that you received the correct authorization to have the material from the relevant authorities. This is especially important if you work in the law enforcement department as an investigator, as non-authorization to handle sensitive material can attract additional negative consequences at work.
Showing that you intended to destroy the material after using it for objective purposes is also beneficial, as it further justifies your case. Supporting evidence may include showing that the file contents were only valid for a time, after which the material would be inaccessible to everyone.
Investigation Officers Retrieved the Material Through Illegal Search and Seizure
While the prosecutor may have a valid case against you, they must ensure that all the evidence they used was legally sourced. If not, you can present a defense to show that your rights as an accused were violated in an illegal search and seizure.
When seeking information to build a case, the investigation officers working with the prosecutor must seek search warrants from the judge. Afterward, they may raid your house, car, office, or any other establishment within your control to retrieve the child pornography.
If the officers fail to adhere to the correct procedure, all the evidence obtained is inadmissible, as they will have obtained it through unlawful processes. As a result, you can quickly receive an acquittal if you argue your case correctly, as the prosecutor’s evidence is ineffective.
Nevertheless, you must provide all relevant details to show that an illegal search and seizure occurred, which often requires your attorney to review many court records. Despite this, a reliable legal team will undertake the review efficiently and use the findings to support your case.
You Did Not Handle Pornographic Material Intentionally
If you face child pornography accusations for unknowingly handling the material, you can present the defense to counter the prosecutor’s position. Among the main elements of the crime for the prosecutor to prove is that you knowingly possessed, sold, distributed, or duplicated child pornography, so the defense contradicts this position.
Arguing that your actions were not intentional requires you to provide an alternative set of facts that present a different perspective on your case. You must also provide sufficient proof, as it is the primary way to build credibility before the court.
For example, if you work as a messenger or courier, you can argue that all the contents you transport are sealed and unknown. Based on this, you could not have reasonably known that you were transporting child pornography, contrary to the prosecutor’s arguments.
Alternatively, you may argue that you worked under duress from a third party who threatened your safety and well-being if you refused to comply. The argument can be acceptable in court, provided you present credible evidence of the threats and forceful orders you received.
Penalties for Engagement in Child Pornography
After presenting your defenses, the presiding judge assesses the persuasiveness of each side’s arguments. If the prosecutor’s case is more substantial and demonstrates your guilty involvement beyond a reasonable doubt, you will face a conviction for handling child pornography, which varies based on the initial charges you faced.
The prosecutor may either charge you with a misdemeanor or felony child pornography charge, and each attracts differing punishments. If you are guilty of committing a misdemeanor offense, you will spend up to one year in county jail or pay a fine of up to $2500.
Conversely, felony penalties are harsher, as they often involve severe cases where the pornographic material is obscene and violates multiple children's rights. Subsequently, you may serve up to eight years in state prison or pay a fine of up to $100,000. The judge can constantly adjust the punishments as they deem fit, and they do so depending on the severity of your case.
Additional consequences of involvement in child pornography include possible deportation and being marked as inadmissible in the United States if you are a non-citizen. Although deportation orders are possible, your criminal attorney will help you navigate the issue and advocate for you to remain in the country.
Further, you must register as a sex offender after a guilty verdict for child pornography charges, which can also be detrimental to your life after conviction. Since the sex offender registry is open to the public, you may miss out on meaningful career or academic opportunities until you can apply for removal.
However, some cases require you to register as a sex offender for life, putting you in a more disadvantageous position. If so, your attorney can help you request a timeline adjustment to help you apply for removal after the stipulated time lapses.
Contact a Criminal Defense Attorney Near Me
After an arrest for alleged involvement in child pornography sale, distribution, or possession, you will appear for trial, where you must defend yourself against the accusations. The offense involves harsh penalties for guilty parties, as the court aims to prevent child sexual exploitation. Additionally, severe penalties are applicable because you may be profiting from a prohibited source of trade, warranting legal intervention. Working with a skilled criminal defense attorney is a great starting point to defend your case, and you need to contact them soon after your arrest. Their involvement in your case raises your chances of a significantly positive outcome, including an acquittal or a significantly reduced sentence.
At Monterey Criminal Attorney, we aim to provide quality criminal defense services to help you fight the child pornography charges pressed against you. We understand the severity of your charge, and you can count on us to conduct thorough research and help you prepare a compelling defense. Additionally, our lawyers can address other concerns about your case, including whether you may face immigration and gun rights restrictions. If you or a loved one requires criminal defense services against child pornography charges in Monterey, California, call us today at 831-574-1791.
