It is against the law to possess child pornography in California. Individuals can face criminal charges under Penal Code 311.11 PC | Possession of Child Pornography if accused of this illegal act. It is a crime to possess child pornography even without making it yourself.
Possession of child pornography is a “wobbler” charge in California. Prosecutors may treat it as a misdemeanor or a felony. A Los Angeles child pornography lawyer from our team at the Simmrin Law Group can tell you more about this criminal charge and discuss legal defenses.
You can call us or complete our online contact form for detailed information from criminal defense attorneys.
What Are California’s Laws on Possession of Child Pornography?
California uses PC 311.11 to prosecute child pornography accusations. This charge deals specifically with individuals who possess child pornography.
Individuals may face this charge for sending, duplicating, producing, or transporting child pornography.
Minors in California
Child pornography refers to material that shows minors engaging in sexual conduct. Anyone under the age of 18 is considered a minor in California. Any material showing sexual conduct involving minors is child pornography and can result in charges under child pornography laws.
What Are Sexual Acts?
California considers the following acts to be sexual conduct:
Sexual Intercourse
Sexual intercourse refers to the penetration of one individual’s vagina by another person’s penis. Even minimal penetration qualifies as sexual intercourse. Videos of this act involving minors can result in child pornography offenses.
Oral Copulation
Oral copulation involves an individual placing their mouth on another person’s genitals or anus. Child pornography laws cover this act.
Sodomy
Sodomy occurs when an individual penetrates someone’s anus with their penis. Individuals may face charges for child pornography crimes involving the act of sodomy.
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Charges Related to Child Pornography in California
PC 311.11 is only one of the chargea used to prosecute child sex crimes in California. There are several other charges closely tied to PC 311 accusations, which include:
Penal Code 311.3
Individuals may face charges under PC 311.3 for sexual exploitation of a child. This act may involve developing or printing child pornography. PC 311.3 also makes it illegal to duplicate or exchange child pornography, including pictures, films, videos, and other materials.
Penal Code 331.4
The court uses PC 311.4 charges if someone hires or employs a minor to create child pornography. This charge also applies if someone coerces or convinces a minor to take part in the creation of child pornography in California.
Penal Code 311.10
It is against the law to advertise child pornography. People cannot try to convince others to sell or distribute it. The court uses PC 311.10 to prosecute this act.
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PC 311.11 Charges and Legal Penalties in California
The court in California defines possession of child pornography as a wobbler charge. Therefore, the prosecution may charge you with a misdemeanor or a felony. The prosecution considers the facts of your charges and your past criminal record to make this decision.
For example, individuals always face felony charges if they have past convictions for any offenses that require a registry as a sex offender.
Misdemeanor Penalties for Possession of Child Pornography
Misdemeanor convictions for Penal Code 311.11 PC | Possession of Child Pornography may lead to:
- Fines of up to $2,500
- Jail time of up to one year
Your lawyer will take misdemeanor child porn charges seriously.
Felony Penalties for Possession of Child Pornography
Felony charges for possession of child pornography are more serious. Individuals could face up to three years of prison time for a basic felony conviction. Possession of any pornographic material involving minors may lead to this kind of conviction.
For example, the maximum sentence can increase to up to five years if child pornography violations include images of minors under the age of 12 or if an individual faces accusations of having more than 600 images of obscene material involving minors.
Any images involving sexual masochism or sadism with a child will also increase the prison term. Individuals who have a past conviction can face a prison term of up to six years for a conviction regarding pornographic material of a minor.
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Possession of Child Pornography and Sex Offender Registration
Individuals convicted under Penal Code 311.11 PC | Possession of Child Pornography must join the sex offender registry in California. Individuals have to register as sex offenders after a conviction for misdemeanor or felony-level offenses. They must follow all regulations associated with the registry.
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Defenses to Possession of Child Pornography Charges
You can build a defense if you face accusations of possession of child pornography in California. A sex crimes lawyer in Los Angeles may help you take on these charges. A lawyer can go over your specific situation and work to show that:
- You did not possess sexual material featuring minors
- You did not knowingly possess child pornography
- The police found any illicit material during an unlawful police search
- You had the material for a legitimate reason
Not all of these defenses work in all cases involving child pornography. However, a lawyer can focus on getting your charges reduced to a less severe accusation. This action could allow you to avoid a conviction here in California.
Can a Lawyer Dismiss Possession of Child Pornography Charges?
Sometimes, an attorney may focus on getting a client’s charges dismissed. The court may dismiss charges if the police found evidence through an illegal search or otherwise violated the defendant’s rights.
Proving that the prosecution has a weak case may also help the defendant avoid jail time and other penalties for the possession of pornographic material involving minors.
You Can Learn More About Child Pornography Charges Today
California prosecutes individuals involved with child pornography very harshly. Penal Code 311.11 PC | Possession of Child Pornography is used in some child pornography cases and is an example of a sex crime charge in California.
This charge handles the possession of child pornography. The Simmrin Law Group can help you build a defense against sex crime charges. Find out more by contacting a criminal defense lawyer in Los Angeles now. We offer a free consultation after your arrest.
Call or complete our online contact form to learn more.
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