Los Angeles Child Porn Defense Lawyer
We Will Fight to Protect Your Freedom & Reputation
Offenses involving child pornography are among the most serious of all
sex crimes and frequently result in
federal charges as well as state charges. If you are charged with a crime related to child
pornography, it is critical that you contact a Los Angeles criminal defense
lawyer from Stephen G. Rodriguez & Partners immediately. You may be
facing penalties that could adversely affect you for the rest of your
life, so there is no time to waste. With more than 70 years of combined
legal experience, we can fight to protect your future and reputation in
the face of child pornography charges. Call us to discuss your legal situation.
What is Child Pornography under California law?
Child pornography is defined under California Penal Code section 311 as
any material that depicts children engaged in actual or simulated sexual
conduct. In this case, "sexual conduct" includes:
- Intercourse or lewd and lascivious acts
- Display of the genitals, or pubic/rectal area
- Masturbation, oral sex or anal sex
- Excretory functions performed in a lewd manner
- Vaginal or anal penetration by an object
- Sadomasochistic abuse for sexual stimulation
It is illegal to
sell any type of material that depicts an act of child pornography. According
to the law, these materials can include—but are not limited to—film,
pictures, photocopies, videotapes, computer software, CDs, or even computer-generated images.
Types of Child Pornography Offenses in California
There are a number of offenses that can be charged in relation to child
pornography, including the distribution, possession, advertising, developing,
printing, and exchanging of child porn. It is also a crime to employ minors
for the purpose of participating in acts considered child pornography.
Penalties depend on the exact offense committed, as well as the defendant's
criminal history, and can include monetary fines, incarceration in prison,
registration as a sex offender.
Some of the most common child porn offenses include:
- Possession of child pornography (Penal Code section 311.11)
- Distribution of child pornography (Penal Code section 311.1(a))
- Distribution of child pornography for sale (Penal Code section 311.2(b))
- Employing minors for child pornography (Penal Code section 311.4)
- Advertising child pornography (Penal Code section 311.10)
Possession of Child Pornography – Penal Code section 311.11
It is a crime to knowingly possess or control any sort of material that
depicts a person under the age of 18 engaging in or simulating sexual
conduct. This could include materials like pictures, videos, computer
software or CDs. Possession of child pornography is a felony, and is punishable
by up to one year in county jail or state prison and a $2,500 fine. If
you have been previously been convicted of a similar offense, you could
face up to six years in prison.
Distribution of Child Pornography – Penal Code section 311.1(a)
It is a crime to knowingly distribute child pornography. This includes
sending child porn, causing it to be sent, bringing it into the state
for sale or distribution, causing it to be brought into the state, preparing
it, publishing it or developing it. Distribution of child pornography
is a felony punishable by up to one year in county and a $1,000 fine;
however, the penalties could be increased to three years in state prison
and $10,000 in fines if the crime was more serious.
Employing Minors for Child Pornography – Penal Code section 311.4
It is crime to knowingly employ a person under the age of 18 to participate
in child porn, or hire a minor to assist you in the distribution of child
porn. If you are convicted of this felony offense, you could be sentenced
to one year in county jail or state prison and asked to pay a $2,000 fine.
If you are found guilty of coercing a minor to pose or participate in
child porn, you could face much stiffer penalties. In fact, you could
be sentenced to up to eight years in prison.
The punishment for child pornography varies depending on the specific California
law that is violated. Some child pornography offenses are charges as misdemeanors
punishable up to one year in county jail and lifetime sex registration.
Felony charges for child pornography range from 16 months to 8 years in
state prison along with lifetime sex registration.
Mounting a Firm Defense
At Stephen G. Rodriguez & Partners, we have represented a number of
individuals charged with child pornography. If you are being accused of
a similar offense, it is important to know there are legal defenses to
child pornography. It may be possible to prove that you were the victim of
entrapment by law enforcement, that you had no intent or knowledge whatsoever to
commit a child pornography crime, or that you were arrested as a result
of illegal search and seizure. We will fully explore all of your legal
options in an effort to give you the best possible chance at fighting
Contact a Los Angeles criminal defense attorney
at Stephen G. Rodriguez & Partners for a