The penalties for child pornography in Encinitas, CA, involve a long jail time and hefty fines. A conviction leads to unfortunate outcomes that will affect your living location and office setting for the worse. If someone you are facing child pornography accusations, it is best to hire a lawyer before the circumstances escalate. They will help you with the case and keep you updated on the progress as well.
What is child pornography under California Penal Code 311?
It is illegal for an individual to knowingly participate in owning child pornography. Moreover, the law also prohibits from publishing, duplicating, creating, selling, or printing of minors involved in sexual or crude acts.
The court will convict you of child pornography under the California Penal Code 311 if the prosecution proves the following:
- Firstly, the accused convicted of the act knowing about the nature of the crime
- Secondly, when you were committing the time, you knew that the participates were minors. In other words, they are less than 18 years of age and simulating sexual behavior.
The court will determine the penalties for child pornography in Encinitas, CA, according to the circumstances.
What are the different penalties for child pornography in Encinitas, CA?
The court will charge the child pornography charges as felonies. Therefore, the penalties for child pornography in Encinitas, CA, factor in the type of crime in addition to previous history. Our lawyers will study the circumstances and will work endlessly to reduce the felony charges to a misdemeanor for a less harsh punishment.
Ownership of child pornography
The law will charge the convicted of a felony punishment under the California Penal Code 311.11 of a year in jail. Also, you will have to pay a fine of $2,500 as well. If the court convicts the same individual of a second charge, the convicted is sent to two, four, or six years in jail.
Distributing child pornography
The California Penal Code 311.1a mentions that someone distributing child pornography is also a felon. The punishment is a year in county or state jail. Furthermore, you will have to pay a fine of $1,000. The court will study the circumstances and may send you to state prison for three years and impose a fine of $10,000.
The California Penal Code 311.2a talks about sending, purchasing, owning, and creating child porn. Meanwhile, you intend to distribute immoral material in society. The court will accept a misdemeanor if it is your first attempt. As a result, the court will punish to spend a year in county jail subjected to Penal Code section 311.9. You will pay a fine of $50,000 as well.
Commercial ownership of child pornography
If you are distributing child pornography for commercial reasons, the court will insist on convicting you as a felon under the California Penal Code section 311.2(b). Furthermore, the court will order you to spend two, three, or six years in jail. In addition to the penalties for child pornography in Encinitas, CA, the judge will impose a sign of $100,000.
Coercing minors for child pornography
California Penal Code 311.4a talks about hiring minors to take part in child pornography. The section also applies to unethical employment. If you have asked for help from a minor to distribute child pornography, it is a felony punishment. The convicted will spend one year in jail and pay a fine of $2000.
The penalties are worse if the court discovers you have coerced the minor into participation. The convicted is a felon if they have forced a minor to pose, model, or take part in the unethical content. The court will send the felon to a state prison for three, six, or eight years under the Penal Code 311.4(b).
Promotion of child pornography
One of the penalties for child pornography in Encinitas, CA, is according to the Penal Code 311.10. It prohibits the promotion, distribution, and sale of child pornography. The punishment is a felony charge with one year in county jail. On the other hand, the court also can send you for two, three, or four years. The maximum fine for the punishment is $50,000.
What are the arguments against a child pornography charge?
Your lawyer will argue against the accusation of the prosecution. The aim is to reduce the penalties for child pornography in Encinitas, CA, as much as possible. Our lawyers will review the case so the defenses are arguable.
No knowledge of age
Firstly, our lawyers will argue that their client did not know the age of the participants. The accused were unaware the individuals were minors who misrepresented themselves as legal age.
Part of a trap
Secondly, the lawyers will argue that their client was part of an undercover mission. A government agency contacts them. Subsequently, the client was coerced into downloading and distributing pornography content. Otherwise, the client does not have direct links to the act.
Possession
You deleted the child pornography content from your computer cookies, search history, and the web browser. In other words, you only viewed the images online. Also, you did not have sufficient knowledge to discover illegal content on the internet.
Illegal search
The defense lawyer will argue that the search was illegal because the police did not have a search warrant.
Less knowledge of obscenity
You did not know that the material you were viewing contained illegal obscenity.
Valid reason
The court may acquit you of the penalties for child pornography in Encinitas, CA if the reasons are valid. You may own pornography content for educational reasons or scientific research.
Registering as a sex offender
In addition to the penalties for child pornography in Encinitas, CA, the court may order you to register as a sex criminal under Penal Code Section 290. Moreover, you will have to renew the subscription every time. Registration can adversely impact your reputation in the workplace and the society.
On the other hand, the court will send you to prison for a very long time if you fail to register. The outcome is similar for violating the registration requirements.
What did you learn about the penalties for child pornography in Encinitas, CA?
Our legal minds expertly understand the complications related to the penalties for child pornography in Encinitas, CA. They have decades of experience meeting with clients and defending the accusations related to child porn. Our lawyers will fight for the best possible outcome. They will negotiate with the prosecution for reduced charges.