Child pornography charges in California are covered under the state’s obscenity laws. These cover the possession, production, distribution and sale of “obscene materials” – those visual depictions of minors (children under 18 years old) engaging in sexual activity. This may include actual sexual acts with other children, with adults, or with animals. It may also include nudity, masturbation or any actions which are sexual in nature. Simply receiving or possessing obscene material is a serious criminal offense which is most often charged as a misdemeanor for a first offense.
Exceptions And Defenses For Obscene Material Charges
There are some exceptions to charges involving the possession of obscene material. This includes material that was created or is possessed for bona fide scientific, educational or medical purposes. Additionally, the defendant would have needed to intentionally possess or distribute the obscene material in order to face criminal charges. If someone else hacked into the defendant’s computer, for instance, and remotely downloaded the images, the defendant should not be convicted of child pornography.