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Los Angeles Child Pornography Defense Lawyer

What is Child Pornography?

Child pornography falls under a special category of California laws that address sex crimes involving children under the age of 18. In the State of California, it is illegal to produce, distribute or possess images featuring a child or teenager under the age of 18 that are sexualized or show the child simulating or participating in sexual activity.

Although in most cases the sexual activity is considered criminal if it is non-consensual when one of the participants is a minor, consent is not a factor. Any sexual activity involving a minor child is criminal activity. Therefore, even if a teenager willingly poses for, or participates in pornography, the production, distribution or possession of such images is still subject to prosecution.

Sex crimes involving the creation, possession, or distribution of child pornography can lead to severe legal penalties, including significant fines, jail time, and the requirement to register as a sex offender and maintain that registration for the rest of your life. If you are under investigation for child pornography, it is critical to retain an experienced Los Angeles child pornography defense lawyer as soon as you can.

Penalties for Child Pornography in California

Types of child pornography charges that may be brought in the State of California include:

  • Possession: You may face misdemeanor or felony criminal charges if you have pornographic images featuring minor children in your possession. If convicted of a felony, you could be sentenced to up to one year in prison and required to pay up to $25,000 in fines. Subsequent offenses are always a felony, punishable by up to 6 years in prison.
  • Distribution: You may face misdemeanor or felony charges for distributing pornographic images of minor children with others. The sale of child pornography will always be charged as a felony, punishable by up to 6 years in prison and $100,000 in fines. However, “distribution” does not necessarily mean sale. The law also prohibits giving, sending, posting, forwarding or otherwise sharing child pornography. Distribution of child pornography to an adult could be charged as a felony, resulting in up to 3 years in prison and $10,000 in fines. Distribution of child pornography to a minor is always charged as a felony, subject to additional jail time and steeper fines.
  • Production: Any person who knowingly promotes, employs, uses, persuades, induces or coerces a minor under the age of 18 to participate in pornography is guilty of a felony offense. Production of child pornography is punishable by up to 3 years in prison and a fine of up to $10,000. If the materials are intended for commercial distribution, you may face up to 8 years in prison and fines of up to $100,000.

In some circumstances, you could face federal charges in addition to California state charges. Federal charges for the sexual exploitation of a child can add up to 25 years to your sentence for distribution charges or up to 30 years for production charges.

In addition to jail time and fines, if you are convicted of child pornography charges, you will likely be required to register as a sex offender. This means that your name, address, photo and the details of your conviction will be part of a searchable online database.

Defenses to Child Pornography Charges

To convict you on child pornography charges, the State must be able to show that you knowingly possessed or participated in the production or distribution of child pornography. One of the most common and strongest defenses to child pornography charges is a lack of knowledge. If you were unaware that you were in possession of child pornography – for example, because a virus or another person downloaded the images to your computer – you may be able to prove your innocence.

Other common defenses to child pornography charges may include:

  • The “minor” child involved was over the age of 18 at the time the activity occurred.
  • The evidence against you was obtained during an illegal search or seizure of your property.
  • You were improperly induced by law enforcement to distribute or purchase images featuring child pornography (i.e., “entrapment”).

Should I Hire a Los Angeles Child Pornography Defense Lawyer?

Absolutely. Child pornography charges are some of the most serious charges you can face, and they can have life-changing consequences. If you are going to retain an attorney, look for someone with sex crime experience and strong computer forensic skills. A knowledgeable and experienced defense lawyer will be able to develop the strongest defense based on the circumstances of your case and may be able to prevent charges from being filed at all. Even if there are no defenses available, your lawyer may be able to negotiate a plea bargain that reduces the charges you are facing and avoids the most severe penalties. The Law Offices of Adrian M. Baca has a track record of success defending clients against state or federal child pornography charges.

Contact our firm today for a free consultation.