San Diego Child Pornography Attorney

Child pornography is a serious situation. If you’re convicted of this sex crime, it’s almost always a felony and the penalties include fines, jail time, and registration as a sex offender – a label that remains with you for the rest of your life. The federal government brings out the big guns in child pornography cases, seizing every piece of evidence it can. Your emails and instant messages will be reviewed. And your computer will be subjected to a serious search. With so many forces against you, don’t trust your future to an inexperienced criminal defense lawyer. You need an experienced San Diego child pornography attorney with The Law Office of Elliott Kanter.

What is Child Pornography?

Child pornography is any material – printed or digital – that depicts children under the age of 18 engaged in or simulating sexual activities. Minors can’t consent to perform these activities and the child’s parent can’t consent to allow their children to participate in such activities including:

• Intercourse, oral sex, anal sex, lewd and lascivious acts, or any excretory functions
• Any penetration of the vagina or rectum by any object
• Sadomasochistic abuse
• Masturbation
• Exhibition of the genitals, pubic, or rectal area
• Defecation or urination

California Child Pornography Laws

The California Child Pornography Law is clearly defined under the various sections of  California Penal Code 311.   Under these laws, a “child” is anyone under 18, unless he/she is an emancipated minor or involved in lawful conduct between spouses when either or both of the individuals are under the age of 18.

California Penal Code 311 begins with the specific definitions used throughout the code and continues with the listing of the various crimes of Child Pornography. There are several different offenses that you can be prosecuted for involving child pornography.  These include (but are not limited to):

• Penal Codes 311.1(a), and 311.2(b): Distribution of child pornography (the sections written below)
• Penal Code 311.4: Employing minors to participate in or help produce child porn
• Penal Code 311.11: Possessing child porn
• Penal Code 311.10: Advertising child pornography
• Penal Code 311.3: Developing, duplicating, printing or exchanging child porn

Child pornography can take a variety of forms, including books, magazines, images, videos, drawing, and recording.

Penalties for Child Pornography in California

Consequences for distribution of child pornography depends on the defendant’s specific activities. In general, a defendant convicted of transporting child pornography into the state of California or distributing child pornography to others may be sentenced to a term of up to one year in county jail or state prison, a fine up to the amount of $1,000, or both.

California state laws impose more stringent penalties on defendants who engage in the industry of child pornography for commercial gain. If the defendant transported, distributed, or advertised child pornography for commercial benefit, the penalty increases to imprisonment in state prison for a term of two, three, or six years, or a fine up ranging from $50,000 to $100,000.

Have you been falsely accused of distribution or possession of child pornography in California? The stakes in child pornography are very high. A conviction could mean you will have to pay costly fines. You could go to jail. You could have to register as a sex offender. The worst thing you can do is delay calling a knowledgeable lawyer. If you are facing charges for a child pornography offense, it is best that you make the first move in your defense now and call Elliott Kanter as soon as possible after an arrest. As an attorney, Elliott Kanter will take time to hear your side of the story and work diligently to protect your legal rights. Call our office today for a no-cost, no-obligation consultation to learn more about our legal resources and services.

Possible Defenses to Child Pornography Charges

Any child pornography case is complex. Just because you are accused of the crime doesn’t mean you are guilty. Sometimes it’s a matter of entrapment; other times it’s a simple mistake. The Law Office of Elliott Kanter will work with you to fight for your legal rights. We will work with you to build your defense and protect your rights. Some tactics we may investigate could include:

• Entrapment: Entrapment may occur if you visit an adults-only online chat room. An undercover officer may engage you in conversation, asking you about children engaged in sexual acts. You may be intrigued by the fantasy. The officer may lead the conversation to suggest illicit activity. Likewise, an officer may offer to sell you child porn, something you may never have considered before. Your defense could include the fact that you had never previously participated in child porn but only did so after an officer tempted you.

• Illegal search: If the police didn’t follow the correct procedure or gave false information to get a search warrant, the prosecution may have a big hole in their case. Or, if the seized materials were not included in the warrant description, that evidence may be thrown out. We will fight to have evidence against you thrown out due to illegal search or police procedures.

• No intent: While surfing the Internet, you might accidentally visit a child pornography site by mistyping a word or clicking a link.

• Age: If you have grounds to believe that the participants in the materials in question are over age 18, you may be found innocent of child pornography charges.

• Someone else downloaded the materials: If child pornography materials are found on your computer and someone else downloaded them without your knowledge, you may be cleared of charges.

• Psychological addiction: If you are found guilty, it could be shown that you have an addiction to porn. If you receive counseling, you may able to reduce your sentence.

Hiring A San Diego Child Pornography Defense Attorney

Make the first move in your defense against a child pornography charge in San Diego County by seeking representation from a local attorney. The stakes in child pornography are very high. You could pay costly fines. You could go to jail. You could have to register as a sexual offender. The worst thing you can do is delay calling a knowledgeable criminal defense attorney. Our attorneys have over 40 years of experience defending clients in criminal law cases. Some of the firm’s practice areas include sex crimes, prostitution, statutory rape, probation violations, rape, indecent exposure, drug trafficking, assault and battery, domestic violence, theft, juvenile offenses, fraud, DUI, and drug crimes. If you have been arrested by law enforcement and charged or if you believe you are under investigation, please don’t delay in contacting experienced child pornography attorney Elliott Kanter by phone or email at ekanter@enkanter.com for a no-cost, no-obligation consultation. You can also fill out the form on this website to speak with a person in our office. Contact our law firm and together we’ll get started on protecting your rights.