Being accused of possessing or distributing child pornography can change your life. Convictions for these offenses carry severe penalties including prison time, hefty fines and mandatory sex offender registration.
The stigma from such a charge can affect your future employment, housing opportunities, and even your personal relationships.
If you find yourself facing child pornography charges, the best chance for a favorable outcome is having a highly skilled criminal defense attorney fighting for you. Whether you’re dealing with state or federal charges, Ventura sex crimes defense attorney Robert M. Helfend is prepared to provide the aggressive and strategic defense you need.
What counts as child pornography in California?
Child pornography cases in California fall under the strict guidelines of Penal Code 311. The law defines child pornography as material that depicts a minor in any sexual situation, whether real or simulated. The material can take various forms, including photographs, videos, or even computer-generated images.
Common child pornography charges include:
- Possession of child pornography
- Distribution of child pornography
- Possession of obscene material
- Sharing child pornography
These charges often come with serious penalties that depend on the specific circumstances of the case.
What are the penalties for child pornography convictions?
California treats most child pornography offenses as “wobblers,” meaning they can be charged as either misdemeanors or felonies.
The penalties for a conviction vary widely depending on factors such as the number and nature of the images, whether the material was traded, and any prior criminal history.
- Misdemeanor convictions – Up to one year in county jail and fines up to $2,000.
- Felony convictions – 16 months to 8 years in state prison and fines up to $100,000.
- Sex offender registration – This may be required for life, permanently impacting your freedom and reputation.
In some cases, federal charges may also apply, particularly if the materials crossed state lines or were distributed over the internet. These charges can carry even harsher penalties.
Defending against child pornography charges
A successful defense requires both a comprehensive understanding of the law and a tailored approach based on the details of your case.
Some defense strategies can include:
- Unknowing Possession – In today’s digital age, it is easy to unintentionally download or receive illegal material. Viruses, spam, and pop-ups can all lead to inadvertent possession of illegal content.
- False Accusation – If someone is trying to frame or falsely accuse you of a crime, we will investigate every detail to prove your innocence.
- Legal Material – Not all explicit content qualifies as child pornography under the law. If the material in question involves individuals over 18 or is an MPAA-rated film, these do not meet the legal definition of child pornography.
- Unlawful Search and Seizure – If evidence was obtained without a proper warrant, it may be inadmissible in court.
- Entrapment – Law enforcement cannot legally induce you to commit a crime you would not have committed on your own.
Get representation for your case
With over 40 years of experience as a criminal defense attorney, Robert M. Helfend has the knowledge and determination to fight these complex and serious charges.
If you or someone you care about is facing child pornography charges, it’s critical to get legal help immediately. He offers a confidential consultation to discuss your case and outline a strategy for your defense. Call today at 805-273-5611 to schedule your appointment.
Published December 5, 2013. Updated October 5, 2024.