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I am 17 Years Old and was Caught Sexting My 16-Year-Old Girlfriend. Can I Be Charged with Possession of Child Pornography? (CPC 311)

“Sexting” and Child Pornography

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.

Call the Child Pornography Attorneys at Wallin & Klarich

child pornography punishmentA 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 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, so that our experienced attorneys are available to help you no matter where you live or work.

Call Wallin & Klarich today at (888) 280-6839 for a free phone consultation.We will get through this together.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.