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Owning or distributing child pornography is illegal in California and the U.S. as a whole. This means that criminal charges related to child pornography can be prosecuted both at the state and federal level. These crimes are taken very seriously, as they are considered acts of exploitation of minors. If you are facing child pornography charges in the L.A. area, speak to a child pornography lawyer in Hermosa Beach at Okabe and Haushalter. We can help you learn more about your legal rights and your options as a defendant in court.
Child pornography-related charges are described in Section 311 of the California Penal Code. The statutes in this part of the state law books state that it is unlawful to possess obscene materials depicting minors engaged in sex acts or otherwise being exploited for the sexual gratification of the viewer of those materials (i.e., suggestive nude poses). California law treats possession and distribution differently, and distribution for commercial gain is penalized more harshly than the distribution for other reasons. Also, being accused of being involved in the production of child pornography could result in multiple charges being pressed, including various sex crimes charges.
Possession of unlawful materials
It is illegal to possess child pornography. Although simply viewing these materials is not prohibited by law, downloading or saving digital images or possessing photographs or videos of minors engaged in sexual conduct is unlawful and may be punished by up to one year in jail and fines of up to 2,500 dollars.
Distribution or transport of unlawful materials
Trading or otherwise disseminating child pornography for non-commercial purposes is also illegal. People convicted of this offense may be penalized with up to one year in jail or prison and a fine of 2,000 dollars if they are first-time offenders. Repeat offenders could face tens of thousands of dollars in fines.
Distribution for business purposes
If someone is accused of distributing these materials for the commercial purposes of financial gain, the punishments if convicted are amplified compared with the penalties faced by those convicted of distribution or transport for other reasons. Fines, if convicted of this crime, could go as high as 100,000 dollars, and incarceration in a state prison for up to six years could be an additional penalty for this offense.
Anyone who is convicted on any child pornography charges is required to register as a sex offender. Although sex offender registration in these cases is for life and expungement is not possible under the law, it is possible for some individuals to request “undisclosed” status on the registry after certain conditions are met following their conviction. Call us to learn more about this process.
Okabe and Haushalter is here for you if you need a child pornography lawyer in Hermosa Beach. Our attorneys treat every case as an individual, and we understand how to put up an aggressive defense in the courtroom. You have the right to legal counsel, and choosing the right attorney can make all the difference. Let us put our knowledge and experience to work for you. Contact us today for a free consultation.