In the State of California, the creation, distribution and possession of child pornography all are illegal activities in accordance with Penal Code 311. Being accused of violating California Penal Code 311 is serious, and serious consequences result when one is convicted of disobeying the state’s child pornography laws. If you have been arrested and accused of violating California Penal Code 311, it is critical to get in touch immediately with a criminal defense attorney who has successful experience defending child pornography cases.
Details of California Penal Code 311
Specifically under California Penal Code 311, the production, printing, publication, duplication,distribution and sale of child pornography, in any form, is prohibited in the state. A person can be charged, under Penal Code 311, with different offenses related to child pornography. Regardless of the offense, a person can not be convicted of a child pornography charge if he or she knowingly committed the offense and knew the act involved showing a person under 18-years-old participating in conduct that is sexual in nature. For example, for an individual to be charged, and then convicted, of violating California Penal Code 311 for the possession of child pornography, he or she must have knowingly possessed the material and it must have showed a person under the age of 18 engaged in sexual conduct.
Punishment for a Child Pornography Offense
If one has been charged with a child pornography crime in the past, he or she will face an increased sentence if convicted a second time in California. In the state, one convicted of a child pornography offense, under Penal Code 311, will face a sentence based on the specific offense he or she was charged with and then convicted of. In accordance with Penal Code 311, a person in possession of child pornography could spend time in jail, up to one year, and/or be slapped with a $2,500 fine, for example. If this was a second offense, the individual could be sentenced to up to six years in a prison in the state. The circumstances surrounding the charge or charges are considered when a punishment is given for a violation of California Penal Code 311.
Defending a Child Pornography Charge in California
Have you been arrested for being found in violation of California Penal Code 311? Perhaps, you accidentally clicked on a pop-up on your computer that led you to a child pornography site, which spurred an investigation. Or, you thought the individuals in the materials you viewed were not adults and did not show children. It is important to work with a skilled California criminal defense attorney to come up with the most appropriate defense against your child pornography charge. If you did not know the person in the materials you possessed where under the age of 18, then that is a defense an attorney can present on your behalf, for example. Perhaps, you were entrapped by law enforcement and were unfairly charged under Penal Code 311. Maybe, you did not know you were in possession of child pornography and the material was obscene. There are various defenses that could be used to defend your case, as you can see. If you are in need of assistance regarding a child pornography charge, contact The Law Office of Peter Blair to learn how our office can defend you.