Penal Code 311.11 PC – Possession of Child Pornography in California
Are you or someone you know being charged with possession, receipt, or distribution of child pornography? Our Los Angeles sex crime lawyers have the knowledge and the strategic skill to help protect your legal rights, your freedom, and your reputation.
This crime is defined as the depiction, video or photographic, of a minor child in sexual acts such as intercourse, masturbation. In California, possession of child pornography is illegal and an individual may be charged for possession of under California Penal Code section 311.11 either in state or federal court.
A person charged with this particular sex crime faces up to one year in county jail or sixteen months, two or three years in state prison, a fine up to $2500 and mandatory registration as a sex offender for life, unless charged on a federal level in which the penalties are more severe.
The huge amount of child pornography that's prosecuted in Los Angeles, California and across the United States is unbelievable. Because of the advent of the internet, people who are purveying child pornography have gotten much more bold and much more sophisticated.
There's a lot more of a market for child pornography right now and if somebody gets caught with child pornography, they're going to be looking at being prosecuted, having to register as a sex offender, being thrown in prison, losing their rights and reputation, their freedom, all the things that they hold close to them.
So, it's crucial if you have a child pornography case that you get to an attorney that's obviously handled these cases, has experience, knows what it takes to win the case if you have a defense and know what it takes to negotiate the case if you don't have a defense and you do have to do some negotiating and plea bargaining with the prosecutors.
There's all sorts of levels and angles when it comes to child pornography. Obviously, the more images/photographs, the more videos, the more trouble you're in, the more likely the feds will pick the case up and prosecute you.
Federal Child Pornography Charges
At the federal level, in general, they're much more harsh than they are at the state level. But the state level can be very harsh as well. So, the bottom line is, you're not going to be the one making the decisions when it comes to the defense of a child pornography case. It's going to be your attorney.
And obviously, it's going to be your attorney in conjunction with you — in conjunction with talking to you — getting the information from you, using their experience, looking at the evidence that the government has, looking at how the government acquired the evidence. What if they violated one of your constitutional rights in getting the evidence?
Then obviously, a motion is going to have to be filed and there's going to have to be an argument that says that they violated your rights and they shouldn't be able to use the information that they have against you.
Defense Lawyer to Protect Your Freedom
So, it's crucial that you get in front of an attorney, tell them the truth, let them guide you through the process. Let them help you make the right decisions that guard your rights, your freedom and your reputation. Because let me tell you something, when it comes to these child pornography cases, there is a rush to judgment.
They're looking to get you. They don't care what you say. When they come in to talk to you, they're angled and they're aimed towards getting you to incriminate yourself. They're angled and aimed towards convicting you and prosecuting you.
So, if you want to defend yourself, you've got to get an attorney by your side who knows what they're doing. There's too much at stake here. Too many things going on and you have to have your matter handled the right way.
The strategy has to be employed from the beginning, and when it comes to child pornography in Los Angeles — let me tell you something — the legislature has stacked up all the laws against those individuals who are involved with this type of behavior and judges, prosecutors, law enforcement — they're all looking to get you and they will do what they think is necessary to get somebody who they perceive as an individual who is involved with child pornography.
They don't mess around with these cases. Once they make that judgment that you're involved, they're going to be looking to convict you. It's up to your attorney to make sure they don't cut any corners and it's up to your attorney to make sure that you're able to defend yourself and if
Challenging the Evidence Against You
If you or someone you know is being charged with child pornography possession, the burden of proof is on the prosecution to prove beyond a reasonable doubt that you were in actual possession of child pornography. Our sex crime defense lawyers are here to help you and we place every effort to contest any evidence presented against you.
Other criminal charges of child pornography besides possession include; distribution of child pornography; internet chat rooms; peer to peer sharing (sending the material triggers possession and distribution charges).
If you are facing child pornography or any other sex crime charges, do not wait or waste any more time and contact our sex crime attorneys and we will immediately set up a free face to face consultation.