Child Pornography Lawyer in Santa Ana

California Penal Code § 311 is most often used in cases involving child pornography. It is illegal to possess, duplicate, send, or transport child pornography.

Contact the Law Office of Sheny Gutierrez to schedule a free consultation if you are facing child pornography charges in Orange County. Our 15+ years of experience will be a valuable asset in your case, and our dedication to each of our clients is unwavering. We are a trusted local source for criminal defense in the Santa Ana area and have successfully defended clients throughout Southern California.

California Child Pornography Laws

Child pornography is any material showing the sexual activity of someone under 18 years old. This can include photographs, films, or videos.

California law states that it is a crime to deliberately possess, transport, send, exchange, produce, or duplicate pornographic images containing children. It is illegal to knowingly hire, use, coerce, persuade, or employ a minor to participate in child pornography. Advertising obscene child porn is also a criminal activity.

Questions surrounding the aspects of knowingly engaging in these activities and what constitutes obscene are often brought up in child porn cases.

The alleged offender must have known that what was on the material was child pornography. This satisfies the requirement for knowingly or deliberately engaging in illegal activity.

What constitutes obscene in this context? When the statute specifically states that the material must be obscene, it is referring to the requirement that sexual conduct is featured in an offensive way, a reasonable person would not believe the material to have artistic, political, or scientific value, and an average adult would believe that it involves a prurient interest.

A prurient interest is a shameful interest in sex or nudity.

Activity that Qualifies as Child Pornography

Examples of acts or behaviors that could lead to a child pornography charge include the following:

• An online streaming service advertising its child pornography collection
• Sharing a photo of a naked teenager with adult friends
• Convincing a 16-year-old to participate in a pornographic film
• Knowingly watching a minor engaging in a sexual act

Other sex crimes that are often related offenses or may be charged in addition to child pornography crimes include statutory rape, child molestation, and sexual abuse. Sexual acts involving children, such as oral copulation, sexual gratification, or sexual penetration, carry the potential for severe penalties and lifelong consequences.

These cases can be difficult to navigate alone, so finding legal counsel you can rely on is a tremendous relief. We are responsive and transparent, always keeping you updated on the progress and answering any questions that you may have.

Penalties for Child Pornography Conviction

The majority of child pornography charges are wobblers, meaning they can be classified as misdemeanors or felonies based on the specifics of the case. There are numerous factors that can impact this decision, including the child’s age. Misdemeanor charges carry a maximum of up to one year in county jail, and felonies can result in up to three years in state prison.

Sex Offender Registration

You may also be required to register as a sex offender as part of your sentence. California law has implemented three levels of sex offender registration.

Tier One is for lower-level offenses like sexual battery and requires registration for ten years.

Tier Two offenders must register for twenty years, and this level includes lewd acts with a minor under 14.

Tier Three requires lifelong registration and is reserved for offenses like sex crimes against children 10 and younger, repeated sex crimes, and sex trafficking of children.

A guilty verdict will create a serious mark on your criminal record, which can have lasting effects on employment, housing, and social stigma. Non-citizens will also likely face immigration consequences if found guilty of child pornography charges, as this is considered a crime of moral turpitude.

Our child pornography attorney has successfully represented clients in a variety of sex crime cases, including child pornography crimes. If you need legal help for a child pornography offense, contact the Law Office of Sheny Gutierrez today. We provide a dedicated defense to all of our clients, and your case will be treated with the care and attention it deserves.

Child Porn Defense Strategies

Possessing child pornography is illegal, but many times, content exists on a computer unbeknownst to the defendant. If you were not aware that the illegal content was in your files, that can be used as a valid defense.

In cases involving the production of child pornography, there are times when teenagers use fake identification or lie about their age. If you did not know the person you were filming was underage, your criminal defense attorney may be able to prove that you are not guilty of this offense.

The material may not be considered pornographic material if there was a legitimate artistic, scientific, or political value, meaning it would not be considered obscene material. This can be used as a defense in some situations.

Your attorney must create reasonable doubt and disprove the prosecutor’s evidence. Other defensive strategies include that the accused offender did not possess pornographic materials and they were falsely accused or that the police conducted an unlawful search and seizure, for instance, if they didn’t have a search warrant.

Obtaining skilled legal representation is crucial in these cases. There are severe penalties associated with these crimes, so strong legal defenses are crucial.

Child Pornography Lawyer in Santa Ana

Our experienced attorney in Santa Ana, CA, is available to provide assistance and guidance when you are ready to seek legal counsel. Sexual conduct involving minors is a serious crime that requires serious legal representation. Sheny Gutierrez has over 15 years of experience defending criminal charges in Orange County, including cases involving sexual exploitation, lewd acts, and obscene material.

Contact our Orange County office to schedule a free consultation to discuss the details of your alleged child pornography offense.