Child pornography is one of the severely punished crimes at both the state and federal levels. If you or someone you know is facing charges of child pornography, it's critical that you hire an attorney as soon as possible while not disclosing any information to anybody else, including law enforcement officers. This is because any information you disclose could jeopardize your case and prosecutors might find an easy route to implicate you. If you are in Bakersfield, we invite you to contact the Koenig Law Office — we do our utmost best with the help of our skilled attorneys to make sure that even those who are facing these charges get a fair trial in court.

An Overview of Child Pornography Under California Law

Child pornography is considered an offense under California PC 311 if an individual knowingly produces, possesses, distributes, publicizes, sells, or prints any kind of pornographic content involving a minor. This offense involves visual representations of minors under 18 years of age displaying their private parts or anal area or participating in inappropriate sexual activity. Child pornography could be in both video and audio formats.

Additionally, it could be written as long as the primary theme of the content portrays sexual activities with a minor. A few examples of sexual acts highlighted in this law include sexual intercourse, bestiality, anal intercourse, oral copulation, penetration of the anus or vagina by an object, masturbation, exhibition of the rectal area or genitals for sexual purposes, and sexual sadism.

Understanding Child Pornography Under Federal Law

Title 18 of the USC, Section 2252 explicitly makes it illegal to willfully possess, create, distribute, or transport any child pornographic content. If you or a loved one has been accused of child pornography in a federal court, in breach of Title 18 USC. 2252, immediate involvement by a seasoned federal criminal defense lawyer is crucial.

To better grasp this law and its use, it's helpful to start with the language of the legislation itself. The subsections specify the types of people and behaviors that fall under the purview of the laws. The groups include anyone who:

  • Sells Child Pornographic Content

Title 18 USC 2252 makes it illegal to not only sell or possess with intent to sell any child pornography photographs or videos, but also the simple possession of child porn. Again, the jurisdictional criteria are included in both subsections to make sure that this also falls under a Federal offense and not a state-only crime. As a result, the crimes must take place within the federal jurisdiction of the US. This also covers government-owned land or facilities that you deliberately sell or possess to sell or trade child porn photos. Again, this covers any visual portrayal of a minor that is transmitted or transferred by interstate commerce, such as your laptop, mail, or computer.

  • Transports, Distributes, or Receives Child Pornographic Material

Knowingly transporting implies you shipped pornographic content involving minors across interstate commerce, which could include:

  1. Your laptop or computer
  2. Sending an image of a child engaging in explicit sexual activity
  3. The transfer of pornographic material involving minors across multiple states or internationally

This jurisdictional factor, like those of other federal crimes, is crucial to comprehend. A purely intrastate activity could not be subject to the federal law enforcement authority, but instead, a State government body would be responsible for pressing charges. It is also worth noting that the activities shown in the visual representation must involve children.

This implies that drawings or cartoons depicting child pornography, for example, are unlikely to be covered by this statutory provision because they do not portray minors engaging in sexual relations. Title 18 USC 2252 also applies to defendants who knowingly transmit or receive child pornographic photographs through interstate commerce, like through the mail or a computer. This can be as simple as sharing child porn with other online users via a file-sharing service or downloading child porn from an online site.

Elements of the Crime

One thing all child pornography trials have in common is that the prosecution must always be able to demonstrate certain elements beyond any reasonable doubt before finding the accused guilty. They are described below in more detail under California PC 311.

  • You deliberately had pornographic materials showing minors participating in sexual acts
  • You were fully aware that the content portrayed a juvenile simulating sexual behavior or participating in sexual activities

In this situation, the prosecutors should be able to demonstrate beyond doubt that you have or are in any way in control of the material that shows a minor engaging in or simulating a sexual act.

One of the most difficult elements to prove in any court case is the defendant's 'knowledge' of the crime. In today's technologically advanced world, many child pornography incidents involve software, internet downloads, computer files, internet uploads, and so much more. Therefore, it's possible to possess pornographic content involving minors on your laptop or phone without actually knowing it exists or that the people featured in the content are under 18 years old. That's why you require the services of an experienced lawyer who can demonstrate your lack of expertise on the nature of the content.

Sting Operations for Child Pornography

Many people are unaware of how they'd be accused of child pornography or what evidence law enforcement would use to make their charges. It's normal for police officers to undertake sting operations to catch people in the action of acquiring or trying to possess contents that could be considered child pornography. The internet is the main marketplace for child pornography sales and purchases.

Similarly, it also has become a viable venue where authorities undertake their sting operations. Sting operations are mostly carried out to prevent the exchange or transfer of child pornography. Individuals who are caught trying to exchange explicit content online are sent behind bars. Police officers won't act as though they are investigating something. They employ a variety of techniques, including:

  • Pretending to be a juvenile in online chatrooms
  • Developing fake child pornography sites to attract people who are looking for child porn on the internet
  • Pretending to be a person interested in buying child pornography. This is intended to expose the distributors.

Sting operations are legal in California. However, there is a distinction to be made between a sting operation and "an entrapment." Entrapment occurs when a person commits an offense that they wouldn't have perpetrated otherwise due to the influence or encouragement of a law enforcement officer.

Sex Offender Registration and Child Pornography Convictions

In addition to the harsh punishments and consequences for child porn, California PC 290 requires that anyone convicted of a sex crime must register as a sex offender which lasts on the defendant's record for life. Registering as a sex offender could be as humiliating as any prison sentence. Registering as a sex offender is the harshest punishment for child pornography convictions since it prevents you from being close to schools, parks, and other locations where minors may congregate. Sex offender registration is done annually. There are three levels of sexual offenders. First-tier offenders are compelled to sign up for registration for at least ten years.

Offenders in the 2nd level are compelled to register for at least 20 years, while those in the 3rd tier must maintain annual registration for the rest of their lives. First-tier child porn offenders are individuals found guilty of misdemeanor offenses. Those who have been found guilty of a felony offense are listed as 3rd tier child pornography perpetrators as per the contract. Failure to register yourself as a sex crime offender could result in separate felony or misdemeanor charges. These charges carry a maximum prison sentence of three years.

Victims of Child Porn

Child pornography is regarded as an explicit act of sexual and physical exploitation of minors, and the depictions are claimed to memorialize sexual actions against children. Due to this, the majority of the provisions on this subject are harsh, and law enforcement officers work tirelessly to eliminate the crimes. The court system, on the other hand, is brutal to perpetrators of a sex crime, often sending them to prison for maximum time if they're found guilty.

Since minors are unaccustomed to sexual practices, they would be portrayed to be uncomfortable and in distress, making sexual abuse obvious. However, in some depictions, a young child could appear to be unconcerned with the events that are taking place. The victim's complacency, in this case, does not imply that abuse didn't occur. A sexual offender would therefore be found guilty and sent to prison even if the minor appeared unconcerned about the crime's perpetuation.

Most incidences of child pornography abuse are often ongoing rather than one-time events. The perpetrator would end up building a bond with the victim, making the minor less resistant to the sexual abuse. The activities are thus deemed offensive and unlawful by the justice department, despite the content's depiction of attachment between the perpetrator and the minor. Victimization is not only physical but also emotional, as the minors would be distraught by the thought of their films or images being sold to the general public. The minor suffers embarrassment, helplessness, fear, and a sense of losing control.

Consequences of Child Pornography

Child porn crime is penalized in several ways depending on the evidence established in the facts surrounding the case. When determining punishments and punishments, the perpetrator's prior actions and criminal history are also taken into consideration. They often include:

  • Serving a duration of one to six years behind bars
  • Hefty cash fines of no more than $2, 500
  • A court order to stay away from any child
  • counseling programs
  • Court-supervised probation
  • Registering as a sex offender for life
  • loss of firearms ownership rights
  • A felony conviction record
  • Parole under formal supervision

These consequences are further subdivided into different types of crimes, as mentioned below.

Child Pornography Distribution

Distribution of such materials, like possession, is classified as a felony crime under California PC 311.1a. If you're found guilty of this offense, you could face 1 to 3 years in jail as well as a hefty fine ranging from $1,000 to $10,000. This is dependent on the specifics and nature of your case.

Possession of Child Porn

If you're found guilty of having explicit content containing child porn, your crime would be classified as a felony under California PC 311.11. If found guilty, you risk up to $2,500 in fines and 1 to 3 years in prison. However, each sentence is unique based on the facts of the case.

Distributing, Producing, or Sharing Child Pornography

If you intentionally possess, make, bring, or share sexually explicit content involving minors, the offense is classified as a misdemeanor under California PC 311.2 (a). If found guilty, the penalty could include up to one year behind bars and a fine of no more than $50,000.

Advertising Child Pornography

Even if you're not the one distributing the sexually explicit content, but you're caught promoting their sale, you'll be held accountable for committing a felony offense under California PC 311.10. If found guilty, you would spend between two and four years in prison or 1 year in jail. In addition, you will be subject to hefty fines of no more than $50,000. One thing all of these penalties have in common is that the courts would always evaluate the facts surrounding the case before imposing penalties and punishments.

Common Defenses Against Child Pornography

Children are always protected by society because they represent the future. Because of this, the penalties for being found guilty of Child Pornography are extremely harsh. That's why you need a diligent and skilled attorney to assist you to evade these consequences. A competent criminal defense lawyer will investigate your case and exploit all available and appropriate defenses to guarantee that your nightmare ends as soon as possible. These defenses include:

  • Entrapment

This could happen if law enforcement authorities go too far with their undercover sting operations. While a sting operation is legal, entrapments are not. If, throughout the course of their operations, the officers encouraged or coerced you to perpetrate a child porn offense that you wouldn't have perpetrated had it not been for their involvement, that also establishes a defense that your counsel could use to protect you against the allegations.

  • Age Awareness of the Victim

One of the factors that the prosecution must be able to demonstrate beyond doubt for a sentence to be issued is that the defendant was aware and knew that the obscene content included individuals under 18 years. This means that if you were unaware of this information, your counsel could use it to have the allegations against you withdrawn or lessened.

  • The Accused Was Not In Possession of Child Pornographic Content

If you're charged with possessing or having Child Pornography content, the prosecution should be able to show that you had this material at the time of the arrest. If you don't have these files legally, you can have the allegations against you dropped with the assistance of an experienced lawyer.

  • The Defendant Had No Knowledge of Offensive Content

There are situations where a person could not have been aware that the contents they were distributing or in possession of were offensive in nature. To be found guilty of child porn, the offender should have been conscious that the content they were reviewing contained pornographic content. If you were unaware of this, your allegations would be legally disputed by an experienced attorney.

  • Illegal Searches

Before inspecting and confiscating your home or other property, police officers must acquire a search warrant. If they persist to proceed with the search without a valid warrant, then this would give your counsel legal grounds to establish a defense for your case. This is why you should contact a lawyer as soon as possible to prevent the issue from escalating.

  • Hacking Incidents

If an unauthorized person accessed your computer and uploaded or stored child pornographic content on it, you must notify your lawyer so that they could use it as a viable defense for your case. A skilled attorney will work hard to find a means to demonstrate that your phone or computer was compromised and the contents planted within.

  • Legitimate Goal

You're always advised to be completely honest with your lawyer so that he or she can make use of all pertinent information to help you. If you used or planned to use sexually explicit content for a legitimate reason, such as a scientific or educational study, your lawyer could use this as a viable legal argument against your allegations.

  • False Allegations

The accused may have been set up and then wrongfully accused of the crime. For instance, the accused could have been arrested as a completely false accusation made by his or her estranged divorce following their disagreements. Therefore, it's the job of your criminal defense lawyer to prove your innocence so that the allegations against you are dismissed. You can persuade the court that the evidence was planted in a convenient location so that you would face the allegations.

Find a Bakersfield Criminal Defense Lawyer Near Me

If you've been charged with violating child pornography laws, we invite you to contact Koenig Law Office in Bakersfield. We devote our resources to protect your rights and ensure that no innocent party is convicted of an offense that they were not involved in. Call us today at 661-793-7222.