Have You Been Arrested Or Charged With A Child Pornography Video Sex Crime? If so, you need to call David Elden & Victor Sherman Right Away To Protect Your Future.
According to California law, it is illegal for an individual to “knowingly possess or control any child pornography that was produced using a person under 18” (Penal Code 311.11). This means that you can be charged for having even a single video, photography, etc. of child pornography in your possession.
The California child pornography laws closely match the federal laws; even the definitions encompass the same ideas. Under the United States Code, child pornography is defined as “any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.” One important thing to note regarding this statute is that the minor in the content must be an actual minor; under this definition, animations and drawings would not apply.
Regardless of the severity of the charges against you, it is important to have an experienced defense lawyer working for you throughout the process. Child pornography cases can have a severe impact on your quality of life; part of the result of a conviction in the state of California (and other states across the country) is that you register as a sex offender, a requirement in place as a result of Megan’s Law. Megan’s Law ensures that the public has access to a list of sex offenders and sexual predators that have been caught and convicted. While each state has implemented some form of Megan’s Law, California has taken one of the strictest stances on child pornography: the “sex offender” label doesn’t go away after five years, ten years, or even twenty years; in the state of California, that label is with you for life. The law states that it is illegal for others to harass you even as a registered sex offender, but it is human nature to ascribe even minimal importance to such a title; as much as it is discouraged, there will still likely be repercussions after your conviction.
A common defense for these types of cases is that the defendant did not know they were in possession of child pornography. It is possible for an individual to unintentionally download pornographic images from visiting certain websites, and some of those images may turn out to involve minors. It is important to discuss your case with an experienced defense lawyer; he or she will know best how to help you in your unique circumstances. These crimes are most often charged as felonies, although they may be charged as misdemeanors depending on the severity and the circumstances. It is important to have a defense attorney in cases such as these. Punishments for these crimes include jail time, imprisonment, fines, and the requirement to register as a sex offender.