Criminal Defense Attorneys Defending Individuals Accused of State or Federal Child Pornography Charges
In our society, even to the words “child pornography,” can result in a leap to judgment before the accused has even had a chance to offer any defense.
In addition, the legal penalties in the state of California for a conviction for distributing or possession of child pornography are extremely serious.
As such, even a mere accusation of child pornography is enough to destroy your career, your relationships, and your future.
Aside from the criminal penalties you could face, such as prison time and significant fines, a conviction for possession, manufacturing or distributing child pornography in Los Angeles County can result in years of mandatory sexual offender treatment and sexual offender registration for a considerable amount of time, or for the remainder of your life.
Additionally, in some circumstances, you might face federal charges for sexual exploitation of children, which carries severe legal penalties.
You are likely to lose your job, and when you are released from prison, you may find it difficult, if not impossible, to secure another job. You could also find yourself unable to attend college with a government student loan, unable to rent a home, unable to own a firearm, and unable to obtain a professional license.
Even your choice of where you want to live in Los Angeles County may be dictated, by some extent, by a conviction for child pornography.
Finally, charges and a conviction for child pornography can result in the loss of family and friends, even if you are actually innocent of the charges.
See related: Child Pornography Defense in California State and Federal Courts.
It is illegal to:
- produce,
- transport,
- distribute,
- possess, or
- sell pornographic materials that involve or depict minors under the age of eighteen
If you are facing any type of state or federal child porn charges, you need to immediately consult with a Los Angeles child pornography defense attorney at our law firm.
Our experienced sex crime defense lawyers need to review your case in order to determine legal options and start preparing an effective defense strategy.
See related blog: California Human Trafficking Laws.
Legal Penalties for a Child Pornography Conviction
There are federal and state laws governing improper behavior involving child pornography. Federal law states that a person convicted of distributing or receiving child pornography could receive a sentence of 5-25 years in prison.
Manufacturing child pornography can result in 15-30 years in prison upon conviction.
California law does not specifically criminalize the viewing of child pornography, but it does prohibit possession or control of any type of pornographic images containing a minor.
Downloading child pornography to a laptop or personal computer will likely qualify as possession or control.
When child pornography is emailed, shared or otherwise distributed, California laws probably also qualify these behaviors as possession or control.
See related information: Revenge Porn Law in California.
In order to obtain a conviction for possession of child pornography, the Los Angeles County prosecutor must show you knowingly participated in production, possession, or distribution of materials which are pornography-related and involve a minor.
Statues which govern child pornography in the state of California are included in Penal Code Sections 311.1, 311.2, 311.3, and 311.4.
Legal penalties for a child pornography conviction will depend on whether you are convicted of producing, possessing, distributing, or selling child pornography:
- Possession of child pornography is a felony. A conviction for this crime will result in registering with the state of California's Sex Offender Registration Act. If convicted of possession of child pornography, you could pay fines as large as $2,500, and serve up to a year in county jail. (If you are a repeat offender, the fines and jail time will increase).
- A conviction for distribution of child pornography is also a felony, and can result in up to a year in county jail or state prison, and fines as large as $2,000, however if you have a prior conviction for this crime, you could be required to pay fines as large as $50,000.
- If you are convicted for the crime of engaging in the industry of child pornography for commercial gain, you could spend as many as six years in state prison, and pay fines up to $100,000.
A conviction for any of the above offenses, under California Penal Code Section 290, will result in lifetime sex offender registration. There is a three-tier sex offender registration system in California.
Get Legal Help - Call a Los Angeles Child Pornography Defense Attorney
For charges of child pornography, it is extremely important that you have an experienced Los Angeles criminal defense attorney by your side as soon as possible. Your attorney will uphold your rights to the fullest extent while challenging the allegations against you.
At Eisner Gorin LLP, our experienced criminal defense lawyers understand the punishment level a conviction will bring, as well as the life-altering consequences to your life.
Our law firm has a track record of success defending clients against state or federal child pornography charges. For example, in one case in Los Angeles Superior Court, our client was charged with numerous counts of possession of child pornography, which could have lead to a significant jail sentence and sex offender registration.
Through successful negotiations with the Los Angeles County prosecutor, our attorneys reached a settlement requiring no jail time, counseling, and no 290 registration.
In another case in Los Angeles Downtown Criminal Courts Building, our criminal defense attorneys represented a licensed legal professional charged with unlawful possession of child pornography, in violation of California Penal Code Section 311.11.
Our law firm negotiated a plea bargain with no jail time and probation, in a sex crime case where several hundreds of unlawful images were found by law enforcement.
You may have had allegations of child pornography leveled against you by an estranged spouse seeking leverage in a custody case or divorce, or a conflict at work could have resulted in a search of your computer.
Images on your computer you were not even aware existed could have been found, whether placed there deliberately by a malicious person or from a virus you were unaware of.
Whatever your situation, if you are facing child pornography charges, it is imperative you contact a knowledgeable Los Angeles child pornography defense lawyer at Eisner Gorin LLP immediately. Call our law firm at 877-781-1570 to begin building a solid defense against these serious charges.
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