Los Angeles Child Pornography Defense Attorney
Crimes related to child pornography are often met with extreme public outrage. Crimes of any kind that involve children, but especially those of a sexual nature, are taken incredibly seriously by law enforcement and prosecutors. It is natural for people to feel protective over children, so defendants charged with child pornography crimes may face very harsh penalties.
Child pornography is highly illegal in Los Angeles. Child pornography at any stage, from production to solicitation, to possession, may be met with criminal charges. With the ever-increasing prevalence of the internet and online communications, it is much easier now to find or distribute child pornography. If you have been charged with a crime related to child pornography, please contact Eric D. Davis, Attorney at Law, by calling (626) 628-9596. You can schedule a free legal consultation with our Los Angeles child pornography defense attorney.
Definition of Child Pornography in Los Angeles
Generally, child pornography consists of any media, such as photographs or videos, depicting a minor under the age of 18 in acts of sexual conduct. Sexual conduct is a broad term that may encompass a number of sexual acts or behaviors. Sexual conduct commonly includes but is not limited to sexual penetration, oral sex, anal sex, the exhibition of the genitals or backside for the sexual gratification of the viewer, and masturbation. Child pornography involves performing sexual acts on the child victim or having the child victim perform these acts on someone else. The child victim may also be depicted alone. Essentially, if the material depicting the child appears to be intended for sexual gratification, it may be considered child pornography.
Different Types of Child Pornography Crimes in LA: Possession, Solicitation, Distribution, Etc.
There are numerous crimes and charges related to child pornography. Possession, distributing, soliciting, and producing child pornography are all considered separate offenses under California law. It is not uncommon for defendants to be charged with multiple offenses related to child pornography, resulting in the accumulation of criminal penalties. Defendants convicted of such crimes frequently go to jail and pay hefty fines. If you have been charged with a child pornography-related offense, please contact our Los Angeles child pornography defense lawyer as soon as possible.
How are Child Pornography Offenses Charged in Los Angeles?
Offenses related to child pornography, such as possession, distribution, or solicitation, are known as wobbler offenses. In California, wobbler offenses are crimes that may be charged either as a misdemeanor or a felony depending on the case’s facts and circumstances. The prosecutor will have the discretion to decide whether you will be charged with a felony or a misdemeanor. Our Los Angeles child pornography defense can help you fight your charges and defend your rights in court.
Child Pornography as a Misdemeanor in Los Angeles
Under § 311.1 of the California Penal Code, a defendant may be charged with a misdemeanor offense for offenses involving child pornography. These offenses include but may not be necessarily limited to possessing, preparing, publishing, or producing any information or data, such as images and videos like photographs, videotapes, DVD’s, or computer files, that depict someone who is under the age of 18 engaged in sexual conduct as defined above. A defendant must know the person depicted is under 18 or at least be aware of facts that bring the person’s age into question. The description for these offenses is rather broad and can encompass many different types of actions involving child pornography. Creating, soliciting, or simply possessing child pornography will fall under this category of offenses. Our Los Angeles child pornography defense attorney can assist you with your case.
A defendant found guilty of a misdemeanor violation involving child pornography may be incarcerated in a county jail for no more than 1 year. Alternatively, a defendant might be required to pay a fine of up to $1,000. The fine may be imposed instead of or in addition to jail time. Depending on the nature of the offense and the facts and circumstances surrounding the case, a convicted defendant could instead be incarcerated in state prison for up to 1 year and fines could reach up to $10,000.
Child Pornography as a Felony in Los Angeles
Child pornography offenses may also be charged as felonies rather than misdemeanors. The requirements for a felony charge involving child pornography are more or less the same as those for a misdemeanor. Prosecutors are given the discretion to examine your case’s facts and determine whether charges should be a felony or a misdemeanor. The more serious your offense was, the more likely you will be charged with a felony. For example, possession of a handful of photographs depicting child pornography might be a misdemeanor. On the other hand, possession of thousands of digital files containing photos and videos of child pornography might be a felony. Both charges are for possession of child pornography, but the degree of severity is vastly different.
A defendant convicted of felony child pornography charges will face either 2, 3, or 6 years in prison. A convicted defendant may also be required to pay up to $100,000 in fines. As mentioned above, the fines may be imposed instead of or in addition to the prison term. Our Los Angeles child pornography defense lawyer can help you with your case if you have misdemeanor or felony charges.
Contact Our Los Angeles Child Pornography Defense Attorney
If you or someone you know has been charged with a crime related to child pornography, you should contact our Los Angeles child pornography defense attorney as soon as possible. We will defend your rights and help you fight your charges in court. Reach out to Los Angeles criminal defense attorney Eric D. Davis, Attorney at Law, by calling (626) 628-9596 to schedule a free legal consultation.
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