If You Have Been Arrested Or Charged With A Child Porn Sex Crime Call David Elden Now.
Under California’s Penal Code (311.1), it is prohibited for an individual to knowingly send obscene content, or have it sent or brought into the state for sale, which involves any person under the age of 18. Punishment of the sale of Child pornography is severe in California, although it can fluctuate in severity; punishment may include up to a $1,000 fine and/or imprisonment in the county jail for up to one year, or up to a $10,000 fine and/or imprisonment in the state prison system. Factors that determine the severity of the punishment include the circumstances surrounding the distribution and/or sale of the pornographic images, as well as the status of the defendant as either a first time or repeat offender. The more previous convictions you may have, the more severe the punishment sought will likely be. The punishment may also be more severe depending on the nature of the content. Content does not have to include sexual acts to be considered pornography, but the more violent and obscene the content, the more likely you will receive a harsher punishment.
When facing distribution charges, it is possible for authorities to seek federal prosecution, because the content could have easily crossed state lines. Distribution of child pornography does not have to be physical for it to count as crossing state lines; the distributed content can be digital and the effect is the same. As with other child pornography related cases, it is important to understand the laws, your case, and potential defenses that can be taken to prevent you from being convicted, or at least to prevent the harshest penalties being laid against you. An experienced defense lawyer can help you with all three of those.
One common defense for distribution charges is that the content that is on your computer, even being distributed from your computer, is not yours. Sharing computers is not unusual, and the pornography found on the defendant’s computer could just as easily come from someone he or she knew, rather than from the defendant themselves. Similar to this reasoning, a defendant can claim ignorance as to the origin of the child pornography. If it can be determined that the defendant had no part in the download of the content, he or she may find it easier to get off the hook.
Another common defense for distribution charges is entrapment. As defined in the United States Code, “entrapment” includes two parts: “(1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct.” This means that law enforcement officials cannot coerce an individual into committing an illegal act, but it also means that even if such behavior has taken place, an individual needs to have had no predisposition to commit such acts previously. The definition also qualifies that even though there may not have been intent at the outset, if a defendant takes advantage of the situation and readily accepts the advancements of the officer, it may be enough to qualify as predisposition.
There are many nuances to child pornography laws, and it is important to fully understand your situation before you go to court. At Elden Law Group, we have experience handling such cases and can help you with any child pornography charges being laid against you.