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 possess, distribute, mail/send, produce or 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, and lifetime 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)

Potential Defenses Against Child Pornography Charges

In California, defenses to child pornography charges can be complex and may vary based on the specifics of the case. Here are some common legal defenses:

• Lack of Knowledge or Intent: One defense is that the defendant did not knowingly possess, distribute, or create child pornography. For instance, if the defendant can prove that they were unaware of the nature of the material or did not intend to possess or distribute it, this may be a viable defense.
• Unlawful Search and Seizure: If evidence of child pornography was obtained through an unlawful search and seizure, such as without a proper warrant or beyond the scope of the warrant, it might be excluded from the case. This defense relies on the Fourth Amendment, which protects against unreasonable searches and seizures.
• Entrapment: This defense argues that law enforcement induced the defendant to commit the crime they would not have otherwise committed. If it can be shown that the defendant was coerced or manipulated into engaging in illegal activities by law enforcement, entrapment may be a defense.
• False Accusation: The defendant may argue that the accusations are false and that they are being wrongfully accused. This might involve showing that the evidence was fabricated or that there is a motive behind the false allegations.
• Mistaken Identity: This defense involves arguing that the defendant is not the person who committed the crime. This might include evidence showing that someone else was responsible for the illegal activities.
• Inadmissible Evidence: Challenging the admissibility of evidence can be a defense strategy. If the prosecution's evidence is not legally obtained or does not meet the legal standards for admissibility, it may be excluded from consideration by the court.
• Technical Errors: In cases involving digital evidence, technical errors or issues with the forensic analysis can be used as a defense. This could include arguing that the evidence was not properly handled or that the forensic methods used were flawed.
• Defense of Necessity: Although rare in child pornography cases, this defense argues that the defendant committed the offense under duress or an emergency situation. It’s a difficult defense to establish in these types of cases.

Each case is unique, and the effectiveness of these defenses will depend on the specifics of the situation and the evidence available. It’s important for individuals facing such charges to consult with a qualified criminal defense attorney to evaluate their case and determine the best defense strategy.

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 your charges.

Contact a Los Angeles criminal defense attorney at Stephen G. Rodriguez & Partners for a free consultation.