Fresno Child Pornography Defense Attorneys
Protecting the Rights & Freedom of Clients in Fresno & Visalia, CA
California has harsh laws against the possession, distribution, transportation, production, and advertisement of child pornography. A conviction can lead to a long jail or prison sentence, costly fines, and registration as a sexual offender, possibly for the rest of your life. Even being merely accused of a child pornography offense can make you appear guilty to the public and media before you are charged for the crime. That is why you need to hire an experienced criminal defense attorney to fight for you.
At Sawl Law Group, we understand how serious child pornography allegations can be and how to develop an effective and personalized legal defense to help you avoid serious criminal penalties. With more than three decades of combined legal experience, our Fresno child pornography defense lawyers can investigate your case, find supporting evidence, negotiate with the prosecution, and help you get the best possible outcome in court.
Contact us today at (559) 205-7757 and request a free consultation.
What is Considered Child Pornography in California?
In California, child pornography is defined as material showing a minor child (a person under 18 years of age) participate in or perform a sexual act. If a person pretends to be underage, that isn’t enough to charge someone for child pornography. Furthermore, if the persons involved are lawfully married or emancipated, even if one of the participants is 17 years of age, it is not considered child pornography.
Most child pornography crimes are either felonies or wobblers, which mean the offense can be charged as either a misdemeanor or a felony. It is important to understand that a conviction will also result in registration as a sex offender.
Types of Child Pornography Charges
The following are the most common types of child pornography offenses in California:
Possession of child pornography – Either a misdemeanor that carries a maximum jail term of one year and a fine no more than $2,500 or a felony, punishable by a prison sentence of up to six years and a maximum fine of $10,000.
Distribution, production, or transportation of child pornography – Either a misdemeanor that carries a maximum jail term of one year and a fine of up to $2,000 or a felony, punishable by a prison sentence of up to six years and a maximum fine of $100,000.
Sexual exploitation of a child – Either a misdemeanor that carries a maximum jail term of one year and a fine of up to $2,000 or a felony, punishable by imprisonment for up to three years and a maximum fine of $10,000.
Hiring or recruiting a minor of child pornography – Either a misdemeanor that carries a maximum jail term of one year and a fine of up to $2,000 or a felony, punishable, by imprisonment for up to eight years and a maximum fine of $10,000.
However, if child pornographic material was distributed or transferred from California to another state, or vice versa, then this could lead to federal charges. A conviction in federal court can lead to a minimum federal prison sentence of five years and a maximum sentence of 40 years.
Common Defenses Against Child Pornography Charges in California
Defending against child pornography charges requires a strategic approach, leveraging various legal defenses tailored to the specifics of each case. Here are some of the most common defenses employed by attorneys:
- Lack of Knowledge: The defendant may argue that they were unaware of the presence of child pornography on their device. This defense can be effective if evidence indicates that someone else had access or control over the device.
- Unlawful Search and Seizure: If evidence was obtained through an illegal search, such as without a warrant or probable cause, it may be possible to have that evidence excluded from the case. This could significantly weaken the prosecution's argument.
- Entrapment: If law enforcement coerced or induced an individual into committing the offense, this defense may apply. Establishing that the defendant was not predisposed to commit the crime but was instead manipulated can be a strong argument.
- Innocent Possession: This defense hinges on the argument that the defendant did not seek out or intend to possess child pornography. For instance, if a typo led to a pornographic site and material was acquired inadvertently, this may support a defense against intent.
- Did Not Belong to the Defendant: If the defendant can prove they were not the person who possessed or distributed the material in question, this defense can create reasonable doubt in court.
- Material Was Not Child Pornography: In certain cases, it may be argued that the individuals involved in the imagery were not minors, or that the material does not meet the legal definition of child pornography. However, this is a nuanced area of law that requires careful consideration.
- Victim's Age Misidentification: Defense may rest on challenging the age of the individual depicted in the material, provided that credible evidence shows the person was above the legal age when the act was performed.
Utilizing these defenses effectively requires a knowledgeable attorney who can analyze the unique circumstances of each case and advocate vigorously on behalf of the client.
Understanding the Consequences of Child Pornography Charges
Being charged with child pornography can have serious and long-lasting consequences. It's vital to understand the potential legal and personal ramifications of these charges.
In California, child pornography includes any visual depiction of a minor engaged in sexual activity. This can range from photos or videos to cartoons or computer-generated images. The severity of the charges can vary depending on the circumstances, such as the age of the minor and the intent of the individual in possession of the material.
If convicted of child pornography charges, individuals can face:
- Imprisonment
- Fines
- Mandatory registration as a sex offender
- Loss of custody or visitation rights
- Damage to personal and professional reputation
At Sawl Law Group, our experienced Fresno child pornography defense attorneys understand the seriousness of these charges and will work tirelessly to protect your rights and freedom. Contact us today to schedule a free case review and start building your defense.
Schedule a Free Case Review Today
Just because you have been accused doesn’t mean that you are automatically guilty. You still have an opportunity to defend yourself with the help of our Fresno sex crime defense team. We are ready to help you clear your name immediately.
Contact us today for more information about our legal services from our Fresno child pornography defense attorneys.
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