The possession, creation, distribution, marketing, duplication, and transit of child pornography inside the state of California is prohibited as per child pornography laws in California. Should you be detected, you might face severe consequences and perhaps have your reputation destroyed. In the past, child pornography was supplied by mail, but these days, many individuals may get unlawful photographs with only a mouse click. California prosecutors have been filing more charges as it has gotten easier to get child porn. You can also read about pornography laws in California.
Cases of Child Pornography: The Age Rule
When deciding whether or not to pursue child pornography charges, it is crucial to ascertain the age of the individual featured in the pornographic material. No matter how young the subject may seem in the video if they were above 18 at the time it was made, it is not deemed child pornography.
On the other hand, if the individual depicted is under the age of 18, notwithstanding their appearance, the content is deemed child pornography. In California, there are two significant circumstances when the age requirement is waived. Consensual activities between married persons, even if one or both of them are under the age of 18, are also excluded, as are lawfully emancipated minors.
Analyzing the Different Child Pornography Laws in California
The particular rules that prohibit various forms of child pornography are detailed in Title 311 of the United States Penal Code. The following are some:
- Penal Code 311.1 PC, 311.2 PC: These are the chapters that talk about how easily accessible child pornography is. It is against the law to disseminate child pornography via mail, vehicle, production, possession, or duplication.
- Penal Code 311.3PC: Creating, duplicating, printing, or exchanging child pornography is criminal under this law.
- Penal Code 311.4 PC: Hiring, employing, using, persuading, or coercing a juvenile to assist in the creation of child pornography is illegal under this provision.
- Penal Code 311.10 PC: This subsection pertains to the promotion of offensive child porn for sale or dissemination.
- Penal Code 311.11 PC: Possession or possession of child pornography that features an underage person is illegal under this law.
Penal Code 311 PC provides terminology for child pornography. Child pornography includes but is not limited to any media (including but not limited to films, photographs, negatives/slides, videos, or computer-generated equipment) that portrays sexual behavior or activity by a person under the age of eighteen. The word sexual conduct encompasses a wide range of behaviors, including but not limited to oral sex, anal sex, and masturbation.
Essential Components of Child Pornography Laws in California
One element unites all child pornography cases: before a defendant is found guilty, the prosecution must be able to establish specific facts beyond a reasonable doubt. As shown below, they are specified under California Penal Code 311.
- You were aware that you had pornographic materials on hand that showed young people having sex.
- You were fully aware that the content included a youngster acting out or imitating sexual activity.
- Prosecutors need to show beyond a shadow of a doubt that you had possession of or control over any material depicting a minor acting out or participating in sexual conduct.
- Knowledge is one of the most challenging elements to show in any criminal prosecution. Many child pornography cases in today’s technologically advanced world include computer files, software downloads, internet uploads, and other similar activities.
- Thus, you may have child pornography on your personal computer without even realizing it or knowing that the people shown in it are younger than eighteen. This is the reason you want an experienced lawyer who can substantiate your ignorance of the subject matter.
Child Pornography Laws in California: What are the Penalties?
The quantity and quality of the pornographic materials in question heavily influence sentencing for a child pornographic violation. Take the hypothetical case of a defendant who has a handful of sexually explicit photos of adolescents. Prosecutors are more likely to see this as a lesser offense than possessing many photographs of young children.
Let’s say the accused made arrangements to have sexual contact with a minor in person or online. In such a situation, they would pursue criminal penalties vigorously to safeguard children. Most charges for child pornography include either a wobbler or a felony.
- A misdemeanor conviction for child porn may result in a fine of up to $2,500 and/or up to one year in prison. The law in California requires anybody convicted of a sexual offense to register as a sex offender for at least ten years. Three years in state jail is the maximum sentence for a child porn criminal conviction.
- A conviction for child porn is considered a felony involving moral turpitude, which may have severe consequences for an individual’s immigration status. A person who enters the United States without the proper documentation may be deemed inadmissible and denied entrance in the future. They could be deported as well.
Convictions for Child Pornography and Sex Offender Registrations
California Penal Code Section 290 requires lifetime sex offender registration for child pornography offenders. In some ways, being labeled a sex offender is more humiliating than doing time in prison. Sex offender registration is the harshest punishment for child pornography since you can’t go around parks, schools, or other places where children assemble.
- Annual sex offender registration is required. There are three levels of sexual offenders. First-tier offenders must register for at least ten years. The second tier has 20 years, while the third tier must register annually for life.
- First-tier child pornographers are individuals whose offenses were classified as misdemeanors. Those who have been found guilty of a criminal related to child pornography fall under contract category three. A separate misdemeanor or felony prosecution may result from the failure to register as a sex offender. There is a maximum jail sentence of three years associated with the charges.
Because of the gravity of the allegations and the difficulty of defending against them, anybody facing child pornography accusations should seek the counsel of an experienced criminal defense attorney. An attorney who specializes in defending people accused of child pornography in California may be a helpful resource, helping you understand the legal procedure, evaluate the evidence, and craft a solid defense plan.