In the United States, one of the worst types of crimes is being found in the possession of child pornography. What's worse is if you have engaged in a sexual act with a child, recorded the act, and intent to distribute. In any case, if you are in possession of child pornography and you are convicted under the many laws that pertain to children, you will face a long prison sentence and fines that reach the tens of thousands. Additionally, a sex crime that involves a child will warrant a lifetime registration as a sex offender both at the state and federal level. Due to the severity of the crime, if you are charged with a sex crime involving a child, you must seek immediately seek the attention of a criminal law attorney who specializes in sex crimes relating to children.
Sex crimes that involve children are very serious offenses, in fact, it is as serious as committing murder or a drug-related crime. A sex crime involving a child is not to be taken lightly which is why before you enter a courtroom you should seek consultation. You should seek the help an attorney especially if you have been wrongfully charged. As you will see in the following section, a sex crime involving a child will affect the way you live your life for the rest of your existence.
Both state and federal laws explain that it is illegal to be in the possession of child pornography, to distribute child pornography, or to sell child pornography. Additionally, it is illegal to possess, distribute, or sell an animation or illustration that depicts a child engaging in sexual activity. Furthermore, if you engage in the production of child pornography, you force a child to engage with a pornography, or you solicit a child to engage in a child pornography, you may be charged with state and federal laws.
If you are charged with a sex crime involving a child including solicitation, statutory rape, possession of child pornography, distribution or selling of child pornography, you may want to speak with an attorney about your case. Individuals who are wrongly charged with a sex crime involving a child should always consider consultation as a conviction will warrant lifetime registration as a sex offender and will result in jail time and high fines. If you wish to speak to a law professional about your sex crime allegation relating to a child, you may contact the office of Orange County Criminal Attorney at 714-831-1858. We are ready to provide consultation and representation in a courtroom. We believe that you are guilty until you are proven guilty and we understand that false or faulty allegations occur more commonly than they should. To ensure you are not convicted or punished with a law that does not apply to your case, you are encouraged to speak with us today.
The following section will highlight the laws that apply to child pornography in the state of California. The laws shine a light on the penalties and fines that apply to individuals that are found in possession of child pornography or individuals that are found selling or distributing child pornography. Additionally, the laws in California address individuals who solicit a child to engage in a pornography or who engage in sexual intercourse with a child. Furthermore, with the rise of the internet, the following section will describe how federal laws apply to those individuals that e-mail or upload child pornography to the internet. When child pornography transcends borders as it does when the internet is involved, the individual may be charged with both state and federal laws.
California Laws: Child Pornography
In the state of California, there are a variety of laws that describe the penalties pertaining to child pornography. It is important to note that there are many factors that involve child pornography. Some factors include whether you have solicited a child to engage in a pornography, whether you were filmed engaging in sexual activity with a child, whether you were found in possession of a child pornography, whether you intended to distribute or sell child pornography. The following section will highlight the laws that apply to individuals that are involved in any aspect with child pornography in the state of California.
Penal Code 311 explains that it is illegal to possess or distribute any ‘matter’ that depicts a nude child or a child engaging in sexual intercourse. 'Matter' under section (b) of Penal Code 311, is described as printed material (book, magazine, newspaper), drawing, photograph, ‘pictorial representation’, videotape, or sound recording. If you possess any matter as described in section (b) of Penal Code 311, you may be charged for possession of child pornography. Additionally, it is illegal to produce, present, or advertise any matter that contains a child performing a sex-related act. A sex-related ‘obscene live conduct’ includes a child performing an act with the intent to cause sexual gratification with others or by him or herself. Obscene conduct can include acting, singing, dancing, or simulating a sexual act.
Penal Code 311.1 makes it illegal for a person to knowingly possess, distribute, sell, prepares, develops, duplicates, prints, produces, or publishes any ‘obscene matter’ that shows a child engaging in a sexual activity. Under this penal code, it is illegal to produce, possess, or distribute an image, a disc, a videotape, computer software/hardware, a negative, a slide, a computer-generated image that depicts a child engaging in child sexual activity.
If found guilty of any of the above, Penal Code 311.1 explains that the individuals may face jail time for up to a year and/or a fine of up to a thousand dollars. Additionally, if the crime is severe enough the individual may face state prison time and a fine of up to ten thousand dollars. The amount varies depending on whether it was a first or second-time offense.
As with Penal Code 311.1, this penal code explains that it is illegal to engage in the distribution, selling, or possessing of material that contains a child under the 18 performing a sexual act. Penal Code 311.2 provides that if convicted of a felony for the acts mentioned above, the individual may face up to 6 years in prison and/or be fined up to $100,000. Additionally, if a person is a second-time offender the individual may be charged with $50,000 for distributing, possessing, or selling.
This penal code explains that a person is guilty of sexual exploitation of a minor if he or she knowingly produces, develops, or duplicates material that depicts a child performing a sexual activity. Under this penal code, sexual conduct is defined as sexual intercourse (oral, genitalia to genitalia, anal-genital, etc.), penetration from an object, masturbation, sadomasochism, or defecation or urination with the intent to satisfy the viewer’s sexual pleasure. A person that is found replicating material that depicts child sexual activity may face fines up to two-thousand dollars.
Penal Code 311.4 explains that it is unlawful to knowingly use a minor, employ, or hire a minor to perform or assist in a sexual act described in PC 311.2. Individuals may face a fine of up to $2,000 dollars if it is their first-time offense. However, second-time offenders may face a fine of up to $50,000 and jail time for up to one year.
Penal Code 311.10 explains that it is unlawful for a person to advertise, sell or distribute matter containing minors engaging in a sexual activity. If charged under this law, the person may face a fine of up to $50,000 and a jail sentence of up to a year.
Penal Code 311.11 provides that a person who controls or is in possession of material that depicts a minor engaging in sexual activities is guilty of a felony. The felony may warrant a charge of up to $2,500 dollars and up to a year in jail.
Federal Laws: Child Pornography
Federal laws and child pornography apply to individuals that distribute, transport, produce, or sell child pornography across state borders or through the use of the internet. Like state laws, the federal laws explain that it is illegal to possess, distribute, sell, duplicate any material (film, images, computer-generated images, animation, audio, or undeveloped footage) of a child engaging in a sexual activity. Additionally, the federal law makes it illegal for a person to solicit, employ, or force a child to engage in a child pornography. When the child pornography crime involves the internet, it means it involves the federal law. Under federal law, first-time offenders may face prison time ranging from 5 to 30 years in prison. To learn more about the laws pertaining to child pornography and the federal laws, you may visit the United States Department of Justice.
Individuals who are charged with a sex crime involving child pornography may face different penalties and prison time depending on the nature of their specific crime. To learn how these laws, apply specifically to your case, you should contact a local criminal law attorney. As mentioned earlier a sex crime involving a child will usually require the individual to register as third tier sex offender which means you will be required to register as a sex offender for the rest of your life.
Sex Offender Registration
When a person is found guilty of the crimes pertaining to child pornography, they will be required to register as a sex offender both with the state and federal registry. At a state and federal level, a person that is found guilty of possessing, distributing, selling, duplication etc. material that contains a person under the age of 18 performing a sexual activity will be required to register as a sex offender for the duration of their life. The registry divides individuals convicted of a sex crime into three separate groups. If convicted as a sex offender, you may be placed in Tier 1 which will require you to register for the next ten years. Individuals placed in Tier 2 will be required to register for the next 20 years. Individuals placed in Tier 3 will be required to register for the rest of their days. In most cases, individuals who commit a serious sex crime involving a child will be required to register as Tier 3 sex offenders.
Sex offenders are required to update their information on the registry periodically or whenever they move from a location. The registry will contain their personal information including their home address, their full name, a face picture, information pertaining to their vehicle, information pertaining to their employer and other personal information. The information on the registry is for public use which means your community, your employer, and your neighbors will have access to your information. Additionally, individuals who are registered sex offenders will be prevented from working with children, from participating in Halloween events, and from living a certain distance from parks or schools.
Registration as a sex offender is one of the worst things that can happen to a person that convicted for a sex-related crime. Not only will you be required to pay a fine and serve a jail sentence, but upon your release, you will be treated as a second-class citizen. Sex offenders will find trouble finding housing, employment, and may encounter difficulties finding a significant other.
Contacting a Possession of Child Pornography Attorney Near Me
If you are charged with a sex crime, especially a crime involving a child, it is in your best interest to speak with a lawyer about your situation. With relation to child pornography, there are a number of ways that a lawyer can help prove your innocence. If you wish to speak with a lawyer about your case, you may contact our Orange County Criminal Lawyer at 714-831-1858. We are ready to provide consultation and representation in a United States courtroom. Do not enter a courtroom before you consult your case with a local attorney.
