Criminal charges involving child pornography are often associated with internet crimes that involve the possession or dissemination of sexualized images of minor children. California Penal Code Section 311 defines child pornography as any image, video, or depiction of a minor engaged in actual or simulated sexual conduct. Since child pornography qualifies as both a sex crime and internet crime, it has become a priority for law enforcement officers in California and all throughout the country.
What Is Included in Charges Relating to Child Porn
- Charges relating to child pornography generally include:
- Possession of child pornography
- Distribution of child pornography, including peer-to-peer file sharing
- Production, developing, or printing of child pornography
- Advertising child pornography
- Offenses involving online chat rooms and other electronic mediumsCrimes involving child pornography are considered serious criminal offenses under both state and federal law. Most often, they are considered a felony, and in addition to large fines and lengthy imprisonment terms, they require mandatory registration on the sex offender registry. Punishment can also be enhanced based on the nature of the crime and the defendant’s prior criminal history. Regardless, there is no doubt that the long-term consequences of a conviction of any type of sex crime, especially those that involve child pornography, can significantly impact your life.
Possible Defenses Against Child Porn Charges
If you are facing charges for possessing or distributing child pornography, you should immediately consult with an experienced Central Valley criminal defense attorney to fight the charges and protect your legal rights. Depending on the specific facts of your case, below are some common defenses that your criminal defense attorney may use to fight the child porn charges:
- Unintentional or unintended possession of the prohibited material
- Accidental possession of the prohibited material that may have been downloaded onto your computer
- Police having illegally searched and seized evidence from your possession, leading to inadmissible evidence upon which the charges are based
- Police induced you to commit a child porn offense which you wouldn’t have done otherwise – commonly referred to as the “entrapment defense”
- The content does not meet the specific definition of child pornography under the law
Call an Experienced Central Valley Criminal Defense Attorney
If you or someone you know has been charged with an alleged crime, it is in your best interest to immediately consult with an experienced criminal defense attorney to help you learn your legal rights and options.