Southern California Defense Blog

Have the authorities found and seized what they claim to be child pornography from your computer? Child pornography charges are a serious matter that can negatively impact your freedom and reputation. If you face child pornography charges under PC 311, it is important that you retain a child pornography defense attorney at once to help you avoid jail and maintain a clean criminal record.

Prosecution of child pornography possession under PC 311.11

PC 311 generally prohibits the knowing distribution, possession, production, publication, duplication, sale or printing or child pornography in any form. To convict you of possession of child pornography under PC 311.11 the prosecution must prove the following two elements:

• You knowingly possessed the alleged child pornography and
• The material involves a person under the age of 18 engaging in sexual conduct or simulating sexual conduct

Punishment if convicted for child pornography possession under PC 311.11

Most convictions for child pornography offenses under California law are felonies that have severe potential consequences.

Under PC 311.11, possession of child pornography is a felony punishable by imprisonment in county jail for 16 months, two or three years, and/or a maximum fine of $2,500.

In addition to the jail time you face if you are convicted of possession of child pornography, your reputation is also at risk since you must register as a sex offender. Under PC 290, a sex offender must register with local law enforcement agencies (police or sheriff) where he lives and works within 5 working days of coming into the city or county. This registration may damage your reputation as many employers check your background for sex offender registration status. Your neighbors may also become aware of your status.

Why you should retain Wallin & Klarich

Wallin & Klarich have been successfully defending our clients facing child pornography possession charges for over 30 years. Due to our decades of experience we have become well-acquainted with child pornography law and know all possible defenses. Our successful record includes many cases in which the charges against our client has been dismissed or substantially reduced.

From the moment you retain a Wallin & Klarich child pornography criminal defense attorney, we promptly review all of the discovery related to your case. We do extensive fact-gathering about the alleged child pornography possession. We obtain a complete statement from you telling us everything you know about the circumstances surrounding the child pornography accusation you face.

Our substantial fact-gathering allows us to tailor the most effective defense strategy to meet your situation and help keep you out of jail. We will keep you informed of all important developments related to your defense, so that you remain an active participant in your case.

If you face child pornography possession charges, don’t let another day go by without securing top quality representation from Wallin & Klarich.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing child pornography possession charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

“Sexting” and Child Pornography

“Sexting” is a term that refers to the sending of lewd or sexually explicit text messages to another person. “Sexts” that include sexually explicit images of a minor are a form of child pornography. In order for you to be convicted of possession of child pornography, the prosecution must prove that you knowingly possessed any material that involved a person under the age of 18 engaging in sexual conduct or simulating sexual conduct.

In California, there is no age exception for possession of child pornography. This means that you can be charged with possession of child pornography if either you or the other person is a minor, so long as you possessed the pornographic material and you knew that the material involved a minor under the age of 18.

Sentence and Punishment for Possession of Child Pornography

According to California Penal Code section 311.11, possession of child pornography is a felony. If you are convicted of possession of child pornography under California Penal Code section 311, you face imprisonment in state prison for up to three years or county jail for up to one year. You may also be required to pay a fine of up to $2,500. If this is your second offense, you can be required to serve up to six years in state prison.

In addition, you will also be required to register as a sex offender for the rest of your life if you are convicted of possession of child pornography under California Penal Code section 311. If you are required to register as a sex offender, information about your name, address, and the crime you were convicted of will be made available to the public. In addition, you will be restricted from living near a park or school; and you may have trouble obtaining employment, as information about your criminal history will be available to potential employers.

In the past, there have been legislative bills proposed to reduce the harsh sentencing for minors who are found to be in possession of sexually explicit material. However, the most recent bill failed to pass the California legislature in 2012.

If you are facing charges for possession of child pornography, it is vital that you speak with an attorney to discuss your case and the possible defenses that may be available to you.

Wallin & Klarich Can Help

A conviction of possession of child pornography can have a devastating effect that lasts throughout your life. The attorneys at Wallin & Klarich understand the severe consequences that can result from charges for possession of child pornography and will discuss what options are available to you in your case. With over 30 years of experience, the child pornography criminal defense attorneys at Wallin & Klarich have the knowledge and know-how to help you present the best possible defense in your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call Wallin & Klarich today at (888) 280-6839.We will get through this together.

Child Pornography Charges in San Bernardino

Under California Penal Code section 311, possession of child pornography is a felony offense and can carry life-changing consequences. California law prohibits the possession or control of pornographic materials containing content with minors. For example, if a person downloads or saves child pornography to his or her personal computer, that most likely qualifies as possession or control of the materials. Sharing, emailing, or otherwise distributing copies of the material also qualify as violation of PC 311.

If you are facing charges for child pornography in San Bernardino, your reputation and freedom are at stake, so it is critical that you contact a San Bernardino Wallin & Klarich Child Pornography Attorney immediately.

Sentencing and Punishment of Child Pornography in San Bernardino

If you are convicted of a child pornography offense in San Bernardino, you are subject to fines up to $2,500 and incarceration in county jail for up to 1 year. Perhaps the most devastating penalty of all is that you will be required to register as a sex offender under Penal Code 290.

Child Pornography Defenses in San Bernardino

Although the sentencing and punishment for a child pornography offense can completely change your life, if you did not know you had child pornography on your computer, your Wallin & Klarich Child Pornography Attorney may be able to get your charges dismissed by using the following defenses:

Lack of Possession

To secure a conviction against you, the prosecution must prove beyond a reasonable doubt that you “knowingly” participated in the production, possession, or distribution of pornography-related materials involving minors. If you did not know you had child pornography on your computer, your San Bernardino Wallin & Klarich Child Pornography Attorney can argue a lack of knowledge as to any possible illegal images by establishing the following:

1. Any possible illegal images were deleted from your computer’s web browser, history, and/or cookies assuming that you only viewed the images online versus having downloaded those images; or
2. Any possible illegal images were deleted from your web browser, history, and/or cookies and you can argue that you lacked specific knowledge as to how to locate the images on your computer.

Age

The age defense applies if you did not know the people depicted in the images were under the age of 18.

Not Aware of the Nature of Obscene Matter

If you did not know or were unaware that the materials in your possession depicted child pornography, your attorney can argue this as a defense.

Other Defenses

Depending on your case, your Wallin & Klarich Child Pornography Attorney may also be able to use the following defenses:

• Entrapment;
• Illegal Search and Seizure; or
• Legitimate Scientific of Education Purpose.

Finding an Experienced Child Pornography Defense Attorney in San Bernardino

If you believe that you are under investigation for child pornography, you should not wait another minute to contact a San Bernardino Child Pornography Attorney. The sooner you seek effective legal representation, the sooner your San Bernardino Child Pornography Attorney can begin investigating the charges against you and putting together an effective defense. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Please call (888) 280-6839 to consult with a Wallin & Klarich attorney today. We will be there when you call.

A conviction for possession of child pornography can have a severe impact on your life and carry heavy consequences. Depending on the circumstances of your crime the prosecutor can charge you with either a misdemeanor or a felony for possession of child pornography. However, child porn charges are taken very seriously and heavily prosecuted in the State of California, which makes it likely that you will be charged with a felony if you are found to be in possession of child pornography.

Penalties For Child Porn Charges

If you are convicted of a misdemeanor for child pornography possession you can be sentenced up to one year in county jail and fined up to $2,500. If you are convicted of a felony for child pornography possession you can be sentenced to imprisonment in state prison from 16 months up to eight years, and you can also be fined up to $100,000. The court may also look to your criminal history and may impose an even harsher punishment if you have prior sex crime convictions on your record.

In addition to the possibility of jail time and heavy fines, you will be required to register as a sex offender under California Penal Code section 290. The obligation to register as a sex offender lasts a lifetime. Further, information about your child pornography conviction in addition to personal information and a picture of you will be posted on a website that is maintained by the Department of Justice and open to the public.

Speak To A California Criminal Lawyer Experienced In Child Porn Charges

If you or a loved one is being investigated or has been charged with possession of child pornography it is vital that you contact an experienced child pornography defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of sex crimes and are aware of the defenses that you have available to you if you are charged with possession of child pornography. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina. Call us today at 1-888-749-0034. We will be there when you call.

Human trafficking for the sex trade is something that most people have heard about on the news, but it really doesn’t seem to be “real.” At least one family in Stockton, CA can tell you just how real of an issue it is here in the United States, as the FBI helped to rescue their 14-year-old daughter from a life of prostitution. The sting led to the arrest of one man, charged with creating child pornography and sex trafficking.

The FBI has a task force known as the Lost Innocence Task Force that works in conjunction with local law enforcement agencies to try and track down children that are suspected of being sucked into the underground world of human trafficking.

In this particular instance, the task force discovered a picture of a missing girl on an internet website known for soliciting prostitution services. They confirmed the identity of the girl with the girl’s parents and set up a sting operation, in which the girl was rescued and her pimp was arrested.

Because both creating child pornography and human trafficking are federal crimes, a federal criminal lawyer will most certainly get involved in this case. As for the girl, her identity is being protected by law enforcement.

To date, the Lost Innocence Task Force has reportedly rescued 1,800 children and arrested 800 pimps and madams. To find out more about the work that the task force does, you can follow the link to the FBI website. As hard as it might be to believe, this is an issue that is far more prevalent within our borders than one might suspect.