If you are researching child pornography penalties in Lemon Grove, CA, then you come to the right place. A child pornography accusation can ruin your reputation in the society. In addition, you will face other challenges. Continue reading to discover the consequences of indulging in child pornography.
Which laws dictate child pornography penalties in Lemon Grove, CA?
The child pornography penalties in Lemon Grove, CA, follow the California Penal Code 311. The law discusses the distribution, production, and ownership of child pornography. Furthermore, the penal code also emphasizes it importance of protecting children from obscenity. Numerous statutes guide lawyers on how to handle pornography charges. In short, the penal code is a framework to counter the harmful crime.
Penal Code 311
The California Penal Code 311 is the fundamental statute that discusses the child pornography penalties in Lemon Grove, CA. The court will punish any individual who is making, distributing, and owning obscene content.
Penal Code 311.1
The law stops everyone from promoting or associating themselves with child pornography. Moreover, you cannot promote, motivate, or search for child pornography. Otherwise, the court will punish you for your link to exploiting the minors.
Penal Code 311.2
The subsection focuses on hiring minors to make child pornography. The law will punish the offender for their involvement with minors to produce sexual content. Moreover, the accusations include the distribution and creation of material.
Penal Code 311.3
Finally, the subsection talks about the ownership of child pornography penalties in Lemon Grove, CA. The offender is penalized regardless if they intend to keep the content or sell it.
The penal code is in addition to other laws and frameworks to fight against child pornography accusations. As a result, the legal system will hold anyone accountable for producing, distributing, or owning child pornography.
What are the child pornography penalties in Lemon Grove, CA?
If an offender has violated the Penal Code section 311, the court will punish them harshly. However, the consequences factor in numerous elements. The court will consider the nature of the crime in addition to their criminal history. Finally, the court will examine circumstances related to the case.
Child pornography is a wobbler crime. In other words, the prosecution decides whether to charge the crime as a misdemeanor or a felony offense.
Misdemeanor Penalties
If the court convicts the offender with a misdemeanor, you will face the following charges.
Probation
Firstly, the court will order formal probation. The punishment is imposed instead of jail time. In other words, the defendant will go to counseling or treatment programs.
Jailtime
Secondly, the court can send the offender to jail as well. The jail time is one year that the defendant spends in one city jail.
Fines
The child pornography penalties in Lemon Grove, CA, also include a fine between $1,000 and $2,500.
Felony Sentencing
The Penal Code 311 talks about felony changes in child pornography. Here is a gist of a potential felony punishment that the judge may announce
Probation
Initially, the court will impose a probation timeline similar to a misdemeanor charge. However, the circumstances are stricter because of the nature of the offense.
Prison time
Secondly, the court will send the convicted to spend three years in a state prison.
Fines
Lastly, the court will implement a fine of $2,500.
Do the child pornography penalties in Lemon Grove, CA, include registration?
In addition to fines, jail time, and probation, the court will order the convict to register as a sex offender. After conviction, the offender must follow the guidelines of the California Sex Offender Registration Act. The procedure requires the convict to provide personal information such as employment particulars and living address.
If a convict does not comply, the court will impose additional penalties and fines.
How do child pornography penalties in Lemon Grove, CA, influence immigration?
Child pornography crimes will influence your immigration status in the USA. The offenses question your moral thinking that adversely impacts society, including the USA citizens. Here is a list of potential immigration-related offenses
Deportation
The prosecution may succeed in convincing the court to deport the offender. As a result, you must leave the country.
Inadmissible
A conviction means that the USA may impose restrictions on the offender. As a result, the immigration agency will deny you entry into the country. In addition, your application to attain a visa or green card is immediately rejected.
No immigration benefits
child pornography penalties in Lemon Grove, CA, can lead to the cancelation of immigration advantages. You will no longer have a green card or a USA visa
Difficulty in attaining nationality
A conviction in child pornography makes it very difficult for an individual to become a citizen of the country.
Will child pornography penalties in Lemon Grove, CA, affect firearm rights?
Federal and state laws regulate the ownership rights of firearms. As a result, some convictions lead to a loss of rights. Therefore, you can lose firearm rights if the court convicts you of child pornography. The outcome is that the court convicted you as a felon. Therefore, felony guidelines mentioned in state and federal laws apply to the circumstances.
Can I erase the child pornography penalties in Lemon Grove, CA?
The child pornography penalties in Lemon Grove, CA, will not result in expungement. However, the convicted must meet some of the requirements to achieve a legal remedy. Therefore, you must meet the following requirements for successful expungement of the consequences
Complete your probation
the convicted must have completed their probation period. Moreover, they must not have violated the offenses. They must have attended counseling and treatment. In addition, the convicted has paid a fine or restitution according to the court guidelines.
No new convictions
The offender has applied to delete the child pornography penalties in Lemon Grove, CA, after completing their punishment. Moreover, no new criminal charges have been introduced. The circumstances also factor in improved behavior.
Evidence of Improvement
Rehabilitation is the most crucial element of expungement. The offender must present proof related to employment, education, community service, or counseling to appeal to the judge.
Save yourself from the child pornography penalties in Lemon Grove, CA
child pornography penalties in Lemon Grove, CA, are quite complex. Therefore, you will need an experienced defense lawyer who will provide excellent advice. The legal team will analyze the evidence to develop a strong defense. Contact us today for professional support.