Child Abuse and Pornography Laws

Under California law, particularly Sections 311, there is a clear prohibition on child pornography or the sexual exploitation of a child. These acts are considered as felonies under the law and depending on the attendant circumstances, the individual may be charged with either a state or federal crime.

Child pornography is defined as material that depicts minors engaged in or stimulating sexual conduct. Sexual conduct includes intercourse, oral sex, anal sex and other lewd or lascivious acts. It also covers the performance of excretory functions done in a lewd or lascivious manner between people or between people and animals. The conduct also includes penetration of the vagina or rectum through the use of an object, sadomasochistic abuse, masturbation, exhibition of the genitalia or rectal area, defecation or urination for the purpose sexual arousal of the viewer. The simulation of such sexual conduct is giving the appearance of participation in a sexual act.

There are many ways wherein which an individual can violate the law. These include distribution of child pornography (Penal Codes 311.1(a) and 311.2(b); employment of minors to participate or help produce child porn (Penal Code 311.4); possession of child porn (Penal Code 311.11); advertising child pornography (Penal Code 311.10) and the development, duplication, printing or exchange of child pornography (Penal Code 311.3).

Because of the many ways that the law can be violated, there are also many other ways that an individual can be convicted of the crime. In essence, the specific act that the individual was charged determines the elements of the crime that needs to be proven. The basic acts are as follows:

• Knowing commission of any of the aforementioned criminal acts constituting the crime;
• The accused had reasonable knowledge that the persons involved in the crime were under the age of eighteen;

There are defenses available to the accused when facing child pornography charges. These include entrapment, illegally conducted search and seizures, mistake or no intent or knowledge of the commission of the criminal act, inapplicable content or rightful distribution. Also included in this defense would be false accusation and psychological addiction.

As for imposable penalties, because of the variety of criminal acts covered under the law, there are many penalties imposable if convicted. The penalties applicable though are dependent on the following factors:

• The exact offense charged;
• The criminal history of the individual;
• Whether the crime charged is a state or federal crime.

While child porn offenses are often prosecuted as felonies, there are some instances that the crime can be charged as a misdemeanor. In California, a child pornography misdemeanor would mete out a jail sentence of up until one year and fines totaling $2,500. For felonies, the penalty would be incarceration in a California State Prison facility between sixteen months to eight years and fines totaling $100,000. These imposable penalties can also be increased should there be a previous conviction of the same crime.

The greatest penalty imposed when convicted of this crime is lifetime registration as a sex offender under Penal Code 290. Often, this crime is related to other crimes, such as child endangerment, lewd acts with a minor, contributing to the delinquency of a minor and contacting a minor with the intent to commit a sex offense.

In order to be amply protected on your rights when facing illegal pornography charges, do reach out to the lawyers at Ramiro Luis Law Firm. The lawyers of the firm can provide you advice as well as guidance when facing the charges made against you.