Child Pornography Lawyer in Fullerton

California law treats child pornography as a serious criminal offense. Possession, distribution, production, or transportation of such material is illegal and carries severe penalties under California Penal Code § 311. An arrest for such charges can have significant legal implications.

If you are charged with a crime related to child pornography in Orange County, contact Law Office of Sheny Gutierrez to schedule a free consultation. Our extensive experience in criminal defense 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 Fullerton area and have successfully defended clients throughout Southern California.

Understanding Child Pornography Charges

Child pornography charges are serious offenses that involve the production, possession, distribution, or receipt of visual depictions of minors engaging in sexually explicit conduct. In California, child pornography is considered a form of child exploitation and is punishable under state and federal laws. If you are facing child pornography charges, it is essential to seek the help of an experienced Fullerton criminal defense attorney who can provide you with the best possible defense. A skilled defense attorney can help you understand the charges against you, explain your legal options, and work tirelessly to achieve a favorable outcome.

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. Specific charges and penalties for these offenses are outlined under various penal code sections.

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.

To be found guilty of child pornography charges, the prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed or controlled material containing visual depictions of minors engaged in sexually explicit conduct. The element of knowledge is crucial in these cases – you must have known that what was on the material was child pornography.

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.

Activity that Qualifies as Child Pornography

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

Possessing digital files containing images of minors engaged in sexual acts
Sharing or distributing pornographic images involving teenagers
Producing videos or photographs of minors in sexually explicit situations
Knowingly downloading child pornography from the internet
Advertising or selling pornographic materials involving minors

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 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. Law enforcement typically requires a warrant to search for illegal material. Conviction for possession or distribution of child pornography can be classified as a felony offense under California law, resulting in severe penalties.

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, including various aggravating factors. 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 for those convicted.

Sex Offender Registration

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

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

Tier Two offenders must register for twenty years, and this level includes many child pornography offenses.

Tier Three requires lifelong registration and is reserved for the most serious sex crimes, including certain offenses involving young 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 criminal defense attorneys have 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 our law office 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.

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, violating your constitutional rights, for instance, if they didn’t have a search warrant.

A skilled Fullerton criminal defense lawyer will review your case thoroughly, outline your legal options, and build an effective defense strategy tailored to your specific situation. Obtaining skilled legal representation is crucial in these cases due to the severe penalties associated with these crimes. Your attorney will fight hard on your behalf to ensure the best possible outcome.

Child Pornography Lawyer in Fullerton

Our experienced criminal attorney in Fullerton, CA, is available to provide assistance and guidance when you are ready to seek legal counsel from a criminal lawyer. Sexual conduct involving minors is a serious allegation that requires serious legal representation. Our Fullerton criminal lawyer has extensive experience defending criminal charges in Orange County, including cases involving sexual exploitation, lewd acts, and obscene material.

We can help you navigate the complex legal system and work toward a favorable outcome. Contact our Orange County office to schedule a free consultation to discuss the details of your alleged child pornography offense.