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Overview of California Child Pornography Laws
Under California Penal Code § 311.3, a person is guilty of sexual exploitation of a child if he or she knowingly develops, duplicates, prints, or exchanges anything including, but not limited to, any film, photograph, video, DVD, CD-ROM, or computer-generated image that depicts a person under the age of 18 engaged in an act of sexual conduct (i.e., child pornography).
Other related child pornography offenses include:
- Knowingly sending, transporting, producing, possessing, or duplicating child pornography with intent to distribute (California Penal Code §§ 311.1, 311.2)
- Knowingly hiring, employing, using, persuading, or coercing a minor to participate in the production of child pornography (California Penal Code § 311.4)
- Knowingly advertising child pornography for sale or distribution (California Penal Code § 311.0)
- Knowingly possessing or controlling any child pornography that was produced using a person under the age of 18 (California Penal Code § 311.1)
Many sex crimes are punishable under state law; however, sex crimes committed against minors are considered to be much more serious and are often handled under federal law.
Penalties for Child Pornography Crimes
Under California law, the penalties for child pornography crimes include:
- Possession of child pornography (first offense): This is a felony offense punishable by imprisonment for up to one year and/or a fine of up to $2,500.
- Possession of child pornography (with prior conviction): Anyone who has previously been convicted of a child pornography offense, an offense requiring sex offender registration, or an attempt to commit a related offense will be charged with a felony punishable by imprisonment for two, four, or six years.
- Possession of child pornography (more than 600 images): If the accused was in possession of more than 600 images, or at least 10 of the images depicted a minor under the age of 12, they will be charged with a felony punishable by imprisonment for 16 months, or two or five years.
Get Started on Your Defense Today
Contact Lessem, Newstat & Tooson, LLP today if you have been arrested for child pornography. As an AV® rated firm with more than 50 years of combined experience defending charges of all kinds, our legal team has what it takes to obtain the best possible outcome for your case.
Schedule your initial consultation with our child pornography lawyers in Los Angeles by calling (818) 643-3093 or sending us a message online.
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