If you have been charged with Child Pornography in Orange County, you should contact The Atias Law Group, a criminal defense law firm in Orange County. Child Pornography can be committed in several different respects including possessing, distributing and exchanging child pornography. The broad definition of child pornography is any matter or material depicting sexual conduct by a person under 18 years of age. The relevant portion of the law that is applicable to Child Pornography in Orange County is summarized below. However, the full text of the Child Pornography laws in Orange County can be found in California Penal Code Sections 311.1, 311.2, 311.3, 311.4, 311.10 and 311.11. To prove that the defendant is guilty of Child Pornography
, the Prosecutor must prove that:
- The defendant knowingly sent, transported, produced, possessed or duplicated any child pornography with intent to distribute it or;
- The defendant knowingly advertised obscene child porn for sale or distribution or;
- The defendant knowingly possesses or controls any child pornography that was produced using a person under 18
One can also be guilty of Child Pornography
if the Prosecutor can prove that:
- The defendant knowingly hired, employed, used, persuaded or coerced a minor to participate in the production of child porn
The Child Pornography laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Group, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we will work hard to get your case dismissed or lowered to a lesser offense, such as assault.
Child Pornography in Orange County - Misdemeanor or Felony
Child Pornography is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Specifically, if it can be shown that there was no intent to distribute the material for commercial purposes, the crime would be considered a misdemeanor. In addition, if the distribution of the child pornography was intended for individuals over the age of 18 years of age then the Child Pornography charge will most likely be charged as a misdemeanor.
Penalties for Child Pornography in Orange County
Child Pornography is punishable by up to one year in county jail and a fine of up to $2,500.00. Felony Child Pornography may result in a state prison sentence ranging anywhere from 16 months to eight years in state prison. As detailed below, The Atias Law Group will assist with getting your case reduced to a lower crime or your case dismissed altogether. In addition to the sentence, a person convicted of Child Pornography no matter if misdemeanor or felony must register as a sex offender. Registration as a sex offender is amongst the most devastating penalties one can face because it is a stigma that will last for an entire lifetime. It requires registration with local law enforcement and your information will be posted publicly on a designated website.
Defenses to Felony Child Pornography in Orange County
Our team of criminal defense attorneys know the defenses that may help get your Child Pornography charges reduced or dismissed. There are a number of defenses to Child Pornography in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may have been entrapped under the California entrapment law. Entrapment occurs when a police officer behaves in an overbearing way resulting in a defendant to engage in a way he or she wound have ordinarily done. Another defense is that you didn’t act knowingly or with the required intent to commit the crime. Essentially you must know that the material you are transporting, possessing or advertising is child porn. This includes mistyping a search term, clicking on the wrong like or even downloading an email attachment without understanding the contents Other defenses include psychological addiction, being falsely accused or the obtaining of evidence through an illegal search and seizure. It can also be considered a defense if the material has a legitimate purpose including medical, scientific or educational activities.
Reduced Charges to Misdemeanor or Felony Child Pornography in Orange County
When the prosecutions case is strong and they are pushing for a felony Child Pornography, sometimes the best tactic is to try to work out a plea deal with the Prosecutor and reduce the charge to a misdemeanor Child Pornography. The criminal defense lawyers at The Atias Law Group will help navigate you to getting your Child Pornography charge reduced to a lesser charge, perhaps even dismissed.
Child Pornography Prior Convictions in Orange County
If you have prior convictions for Child Pornography, then you may face increased penalties in your current Child Pornography case. The Atias Law Group aggressively challenges any prior convictions. For instance, if your prior Child Pornography conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Child Pornography penalties. Contact The Atias Law Group today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.