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Child Pornography Attorney

If you have been charged with a crime related to the creation, possession, or distribution of child pornography, it is vital that you speak to an experienced lawyer as soon as possible. The sooner a Los Angeles child pornography lawyer becomes involved in your case, the sooner he or she can start formulating a defense that will limit the legal consequences that you are facing. 

Los Angeles Child Pornography Lawyer

Child Pornography Laws in California

California has some of the most complex child pornography laws in the country, with many different Penal Code sections and subsections devoted to specific criminal acts related to child pornography. (See Penal Code section 311 through section 312.7).

These statutes, taken together, generally define child pornography as depictions of people under the age of 18 engaged in sexual conduct, except emancipated minors. The depictions can be in the form of photographs, digital images, DVDs, film strips, and may even include drawings and computer-generated images.

What are the Penalties and Sentencing?

No, there are about 10 different child pornography crimes in Los Angeles, California.

Punishments vary greatly among the various charges, ranging from a year in county jail to 8 years in state prison. Because there is so much overlap between the various types of child pornography crimes, it is difficult to know which crime you will be prosecuted for until charges are filed against you.

Here are some brief descriptions of the various crimes and their worst possible penalties:

  • 1 – “Possession or Duplication with Intent to Distribute”
    3 years state prison maximum, lifetime sex registration, $10,000
  • 2(b) – “Possession or Duplication with Intent to Distribute for Commercial Consideration”
    6 years state prison maximum, lifetime sex registration, $100,000 fine
  • 2(c) – “Possession or Duplication with Intent to Distribute to Adults”
    3 years state prison maximum, lifetime sex registration, $10,000 fine
  • 2(d) – “Possession or Duplication with Intent to Distribute to Minors”
    3 years state prison maximum, lifetime sex registration, $10,000
  • 3(a) – “Duplicating or Trading”
    3 years state prison maximum, lifetime sex registration, $10,000
  • 4(c) – “Using a Minor to Make Child Pornography”
    3 years state prison maximum, lifetime sex registration, $10,000
  • 10 – “Advertising Child Pornography for Sale”
    4 years state prison maximum, lifetime sex registration, $50,000
  • 11 – “Possession or Duplication”
    5 years state prison maximum, lifetime sex registration, $10,000

Call our Los Angeles child porn attorneys at Manshoory Law to schedule a free consultation to discuss your case!

Child Pornography Lawyer

How to Defend Child Pornography Charges in Los Angeles?

There are legal defenses available:

  • It Wasn’t Obscene

Some of the child pornography statutes, specifically, 311.1, 311.2(b), and 311.10 require that child pornography be obscene.

Obscenity is any matter (picture, recordings, drawings, etc.) taken as a whole, that to the average person seems to appeal to overly sexual interests, and that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.

So, if there is some serious literary, artistic, political, or scientific value to the child pornographic images, that would be a defense to those charges. Common examples are films which concern broader topics than sex between children, but which have graphic depictions of such acts.

  • I didn’t know it was child pornography

Every child pornography crime in the state of California has a knowledge requirement. To be convicted of any criminal act related to the possession or distribution, you must know that the matter depicts people under the age of 18 engaged in sexual conduct.

This defense is most applicable to people charged with possession (311.1, 311.2(b), 311.2(c), 311.2(d) and 311.11) who may have been in possession of the images accidentally (malware delivered the image to your computer or untrustworthy links on pornographic websites). You should hire qualified child pornography lawyers that can effectively defend you against the allegations being faced.

Call Us Today to Schedule a Free Consultation

You should immediately contact an experienced Los Angeles child pornography lawyer, like those at Manshoory Law Group, APC to assist you in analyzing the specific facts of your case, preparing and presenting defenses before and during the trial, and making sure you understand your rights and helping you enforce them. The risks of a child pornography conviction are too great to go-it-alone.

Contact us or Call now for a free consultation (877) 977-7750.