Sacramento Child Pornography Defense Lawyer

California’s Child Pornography Laws

Penal Code 311 PC makes it a crime to knowingly send, transport, duplicate, print, advertise, or possess child pornography or to hire or persuade minors to participate in making pornographic imagery. For instance, a person can be charged with child pornography if they share videos of naked teens on the internet or hire a 16-year-old minor to pose for pornographic photos. 

Note that in the context of the law, “child pornography” is defined as any matter or material depicting sexual conduct by a person under the age of 18. In some cases, the court may say that in order to be charged the pornographic material must be “obscene”:

• shows or describes sexual conduct in an offensive way;
• lacks serious literary, artistic, political, or scientific value; and
• appeals to an interest in nudity, sex, excretion.

Related crimes include lewd acts with a child, statutory rape, and revenge porn (distributing private sexual images of someone with the intent to cause them emotional distress).

Penalties Upon Conviction

California law charges child pornography crimes as wobblers – either misdemeanors or felonies, to the judge’s discretion. If charged as a misdemeanor, child pornography will be punishable by up to 1 year in county jail and/or a maximum fine of $1,000-$2,500. If charged as a felony, the offense is punishable by up to 3 years in state prison. Convicted individuals will also have to register as sex offenders.

If you have been charged with child pornography, there are several ways you might defend against a charge. Some common defense methods that your defense attorney can argue are:

• entrapment (lured into the crime by law enforcement);
• unlawful search and seizure;
• not knowingly acting;
• no actual child pornography.

Whether you are facing misdemeanor or felony charges, Steve Whitworth Attorney At Law can defend you in court. With 14 years of professional legal experience, including work as a former prosecutor, Attorney Whitworth can strategize an optimal defense for your unique case.

Call (916) 659-5233 or contact Steve Whitworth Attorney At Law online for a free consultation to get started on your defense today.