Solana Beach child pornography penalties are quite severe. You will spend years away from your loved ones. Furthermore, the penalties will ruin you financially. You may have to submit an adjudication request to the court because of the damages. The consequences continue to add up. However, an expert lawyer will prevent the damage. Here is everything you need to know about child pornography accusations, outcomes, and legal assistance.
The basics of the Crime
The US Department of Justice describes the crime as minors participating in sexual behavior with explicit content. The individuals involved in the act are under 18 years of age. The child pornography content can take place in different ways. Common examples are:
- Photographs or images
- Videos
- Digital videos and images
- Underdeveloped or undeveloped film
- AI or computer-generated images that show a minor
The consent laws do not apply to child pornography cases. If the person involved in the act is less than 18 years of age, they are a minor. It changes the jurisdiction to the federal laws.
The child pornography laws also apply if two minors send nude photos or texts to each other. The court may charge them with manufacturing and distributing child porn.
The severity of the consequences is because the government wishes to ensure the well-being of the society. If someone is accusing a loved one of creating, owning, and distributing child pornography, you may consult with a skilled lawyer.
A gist of the Solana Beach child pornography penalties
Undoubtedly, the internet has made the world accessible to us at our fingertips. However, on the other hand, it has made it easy to gain access to obscene content involving minors. The California Penal Code 311 mentions the age of consent is 18. Therefore, it is illegal to own media that involves minors who are underage and engaging in sexual behavior. The court will charge of owning child porn even if the minors in the images/videos have a lower age of consent.
If someone has accused you of child pornography, the agencies will collect and search your device. The Solana Beach child pornography penalties increase or reduce depending on the outcome. Here is a list of charges
California Penal Code Section 311
- The Solana Beach child pornography penalties begin with PC 311.1. It mentions owning, transporting, and producing child pornography. Furthermore, the actions have the intention of distributing. The court will charge you with a felon or misdemeanor charges depending on the factors.
- PC 311.2 also talks about the possession, manufacturing, and transportation of pornographic content involving underage minors. However, the accused intends to distribute the media commercially. The court will convict you of as a felon.
- Solana Beach child pornography penalties also include 311.3. the section discusses the accused exploiting the minor. The underaged individuals have been coerced into making obscene media. Blackmail or financial motives are involved.
- Similarly, the California Penal Code 311.4 also talks about minors. However, the circumstances are different. The subsection mentions hiring and manipulating the minor to participate.
- The California Penal Code section 311.10 discusses the consequences of promoting and advertising child born. The actions involve a minor who is selling, distributing, and transporting the obscenity.
- Lastly, the Penal Code section 211.11 mentions the outcomes of owning child porn in the digital and printed form.
The burden of proof
The prosecution must prove beyond reasonable doubt the accusations that they made. Otherwise, the court may not find the individual guilty. Moreover, the prosecution must also show that you knew the images and videos involved a minor doing sexual activities.
The procedure may seem simple. Unfortunately, it is not. A wrong move on your part means a trip to jail. Therefore, you must meet with a lawyer who understands the Solana Beach child pornography penalties as soon as possible.
What are the Solana Beach child pornography penalties?
The penalties are quite harsh because the nature of the crime is unforgiving. In other words, even an accusation of child pornography can ruin your career. It can hurt professional and personal relationships as people begin to wonder about your actions.
The prosecution insists on filing child pornography charges as felonies. However, the court will determine the severity of the circumstances. In addition, your lawyer plays an important as well. The penalties and outcomes depend on your criminal history. The exact crime matters a lot. As a result, the judge will charge you with state or federal penalties.
Felony Solana Beach child pornography penalties
If the court convicts you as a felon for a child pornography charge, the judge may send you to spend eight years in prison. The fines increase to $10,000. In rare circumstances, the convict pays financial penalties of $50,000
Misdemeanor Solana Beach child pornography penalties
The majority of the misdemeanor charges result in a one-year prison sentence. The Solana Beach child pornography penalties also include a $1000 fine.
Federal Charges
Several crimes mean the court will send the convicted to jail time of 5 years. The jail sentence is minimum, with a maximum timeline of two decades. If the factors begin to add, the court will extend the prison time.
Furthermore, the consequences are severe for repeat convicts. If your charges include transportation of child pornography beyond the state borders, the court will charge you at the federal level.
How to stay away from Solana Beach child pornography penalties?
The Solana Beach child pornography penalties involve jail time and fines. However, they will have personal implications as well. If the court convicts you, you can lose your job. Society will outcast you. You begin to fear for your safety.
A lawyer who understands the Solana Beach child pornography penalties is a great asset. They will defend your freedom and rebuild your reputation in the society. In addition, the legal professional will also understand the different circumstances that you to court. They will come up with a successful strategy.
The lawyer is also helpful because they will advocate for you publicly. The legal minds will fight tooth and nail to defend your reputation. When you are interviewing potential lawyers, inquire about their case history. You can learn about their success rate.
Also, ask which lawyer is defending you if you decide to sign a retainer with the firm. You can meet with our lawyers personally to identify their way of working. We specialize in child pornography accusations. Visit our office for a case review during business hours.