Child pornography is defined as any materials—videos, photos, or digital media—that depict a person or persons under the age of 18 engaged in a sex act or posed in such a way as to elicit sexual arousal from the person in possession of the materials. Although viewing such materials is not explicitly unlawful, owning or distributing such materials is illegal. These criminal charges are considered acts of child exploitation and can result in severe penalties if convicted. However, an adept defense attorney can help you fight these charges in the courtroom. If you need a child pornography defense lawyer, contact Okabe and Haushalter to learn more about your options under the law.
Under Section 311 of the California Penal Code, child exploitation and child pornography charges are outlined in detail. Child pornography-related charges are prosecuted and penalized differently depending on several factors.
Possession of child pornography (including digital media that has been downloaded to a computer or other device) is not legal in California, and someone convicted of this crime faces fines of 2,500 dollars and up to a year in jail. However, the penalty may be more severe for a party previously convicted of this offense or a similar offense.
People convicted of distributing or transporting child pornography may also face fines and jail time as penalties. First-time offenders may be fined up to 2,000 dollars and be sentenced to up to one year in a local jail. However, repeat offenders may face tens of thousands of dollars in fines and several years in state prison.
The penalties for those convicted of advertising or distributing child pornography as a business endeavor (for the purposes of commercial gain) are much more severe than the penalties for simple possession or distribution for non-commercial purposes. The fines imposed on a convicted party may be up to 100,000 dollars, and the prison sentence could stretch as long as eight years in a state penitentiary.
Anyone convicted of a child exploitation-related charge in the state of California will face compulsory sex offender registration under Section 290 of the California Penal Code. This means that the convicted party’s personal data (including name, address, date of birth and the nature of the criminal charges) will be made available to the public. In some circumstances, it is possible to request “undisclosed” status on the registry, which limits who can access your personal details. Contact us to learn more about requesting “undisclosed” status on the registry.
If you need a child pornography defense lawyer in Rolling Hills, the attorneys at Okabe and Haushalter can help. We have several offices located throughout Los Angeles county staffed by knowledgeable criminal defense specialists ready to take on your case. We have a reputation for putting up an aggressive defense for our clients in court, and our courtroom strategies have a history of getting real results. We will advocate for you in court and will fight to get your charges reduced or even dismissed. Contact us today for a free consultation, and take the first step toward reclaiming your life as your own.
