The child pornography penalties in National City, CA, need a professional argument on the defendant’s behalf. Unfortunately, the accused does not have experience in court. Moreover, they lack the legal understanding as well. Therefore, you must hire a lawyer whose skills are essential for your acquittal. Have a look at some of the arguments they may use to defend the accusations.
How do our lawyers protect you from child pornography penalties in National City, CA?
If the state is accusing you under the California Penal Code 311, you will need a strong defense to avoid child pornography penalties in National City, CA. However, each case is unique. Therefore, our lawyers will study the circumstances that apply to come up with a relevant defense.
The content is legitimate
certain media is excluded from Penal Code 311. The materials that are involved may have legitimate reasons for ownership. As a result, they are not part of child pornography. Therefore, our lawyers will give the court legal reasons for collecting, owning, or distributing child pornography. Here are a few examples
Academic research
You may have collected child pornography for academic reasons. It includes psychological reasons or professional training. In short, the defendant aims to comprehend the industry to prevent the exploitation of minors.
Investigation
Law enforcement holds child pornographic material to investigate the accusations against the different members of society. Furthermore, the agencies will not distribute or sell child pornography because the aim is to protect the children. At the same time, the law will prosecute the accused.
Artistic Exploration
Photography, filmmaking, and other forms of art depict child pornography to raise awareness about the crime. The expression may involve content that does not promote exploitation. The child pornography penalties in National City, CA, do not apply because the art has a legitimate reason. Furthermore, the art is legal because it does not involve sexual behavior.
Legal reasons
The lawyers may present minors as part of discovery to prove their theories. The minors are evidence in trials and investigations that completement the legal defense. Therefore, the material is lawful because it promotes justice.
Medical purposes
Medical researchers, doctors, and scientists use minors for research. In other words, they study the implications of child pornography on the victim’s development and clinical trials. The activities follow ethical guidelines and legal compliance.
Which offenses are related to child pornography penalties in National City, CA?
The court will charge the accused with different offenses. As a result, the punishments and child pornography penalties in National City, CA, are an amalgamation of numerous laws. The California Penal Code sections discuss the exploitation and subsequent use of the crime.
Child endangerment
child pornography penalties in National City, CA, have surfaced because of the offender’s action. They placed a child in an environment that harmed their well-being. The California Penal Code 273a punishes the accused for bringing a child near dangerous material. As a result, the surroundings harmed their physical health.
Child Abuse
Child pornography harms the participants in many ways. The victim suffers from physical, emotional, mental, and sexual damage. The Penal Code section 273d talks about abusive behavior in addition to exploitation. The prosecution will insist on adding child abuse because the sexual activity does not involve consent.
Raping a minor
If the offender is involved in a non-consensual act with a minor, the prosecution will aim to charge you separately for a crime. Thus, the child pornography penalties in National City, CA, increased. The court may convict you of statutory rape, rape using force, and other serious offenses.
Soliciting a minor
The Penal Code 288.4 applies if the offender has convinced and arranged to meet with a minor for sexual reasons. The subsection states the accused promoted sexual behavior with a minor. As a result, the child pornography penalties in National City, CA, become more severe.
Revenge porn
The mention of revenge porn in child pornography penalties in National City, CA, may surprise you. It occurs if you have shared, published, or displayed intimate content of someone without their consent. In short, pictures and videos display sexual behavior. In contrast, the content was for private viewing. The prosecution will focus on the non-consent behavior for conviction.
Revenge porn is a misdemeanor offense in California. The court may convict the offender with a jail time of six months in county jail. Secondly, the convict must attend counseling and educative sessions. Probation and restitution are possibilities. If the court has convicted the accused of revenge porn before, the offense becomes a felony. As a result, the child pornography penalties are very severe.
Statutory Rape
The Penal Code section 261.5 talks about statutory rape. The assault occurs if someone performs sexual acts with a minor who is less than 18. The prosecution does not need to prove that the accused was indifferent to the age of the minor. Moreover, the law assumes that minors cannot give consent to perform sexual acts.
It is a felon if the court convicts you of statutory rape. Consequently, the child pornography penalties in National City, CA, include jail time and heavy fines. Also, the convict registers as a sex offender. The judge may order formal probation. Finally, you cannot contact minors in the future.
Lewd acts
The Penal Code section 288 PC talks about lewd acts with a minor who is less than 14 years of age. Therefore, the law takes the accusations very seriously. The California Penal Code aims to protect minors from sexual abuse.
Lewd acts are a felony in California. If the court convicts the offender, the child pornography penalties in National City, CA, begin with a long jail time. Secondly, the accused pays expensive fines. The felon registers as a sex offender on the Megan’s website. Counseling is mandatory.
The child pornography penalties in National City, CA, are life-changing
Family, partners, and society may start to shun you because the child pornography penalties in National City, CA, are a public record. Therefore, you must contact our lawyers, who will protect your reputation among loved ones. Our lawyers aim to protect your constitutional rights and achieve the best favorable outcome.
Do not hesitate to call or email us. We offer high-quality legal assistance at affordable rates. Furthermore, the initial meeting is completely free and does not carry financial obligations. You can visit our office during business hours for experts to examine your case.