Child Pornography
With the advent of the Internet, images could be downloaded within seconds and the files easily stored on your computer. Although the Internet offers you the freedom to obtain numerous photos and files, certain conduct such as possessing child pornography is prohibited by law and is considered to be a felony or misdemeanor violation, depending on the facts and seriousness of the case.
In California, Penal Code Section 311 and the following subsections prohibit the possession and distribution of child pornography. For example, Section 311.2, subdivision (b) prohibits individuals from distributing for commercial consideration any computer-generated image that contains "obscene matter," which is defined as material that depicts sexual conduct in an offensive manner. A person who is found guilty of violating this statute is guilty of a felony and faces a state prison term of two, three, or six years and a fine as high as $100,000.
Further, under California Penal Code Section 311.3 a person can be guilty of sexual exploitation of a child, as a misdemeanor or felony, if a person knowingly develops, duplicates, prints, or exchanges any photograph, film, slide, or other computer-generated image that depicts minors who are under the age of 18 and engaged in sexual conduct. Individuals who violate this statute might face a fine of $2,000, one year in county jail, or both. Those who have been previously convicted of violating this statute face imprisonment in state prison.
Sexual offense convictions, including child pornography convictions, carry severe penalties as demonstrated by Penal Code Sections 311.2 and 311.3. In addition to incarceration, probation, costly fines, or a combination of the three, individuals who are convicted of Sections 311.2 through 311.3 are required to register as a sex offender pursuant to Penal Code Section 290, subdivision (c). Once an individual registers as a sex offender, whenever he or she moves to another residence he or she must notify the last registering agency. If the person does not comply with registration requirements, additional criminal violations may be charged.
Other devastating consequences of a conviction based on child pornography charges include difficulty finding employment, damage to one's reputation, limited mobility, and deportation consequences if one is not a United States citizen.
An attorney with a focused expertise in child pornography cases can assist you in preventing or minimizing these harsh consequences by aggressively advocating on your behalf. For experienced and affordable criminal defense representation, contact Real Lawyers at Affordable Prices™ today for a free initial consultation.
