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(916) 404-6866 (916) 404-6866Some criminal offenses, such as allegations of possessing or producing of child pornography, are incredibly serious and deserve the attention of skilled representation. People who merely possess this illicit content violate the law and can face severe penalties. In addition, people who participate in the creation of sexually explicit footage involving children can face even more extreme consequences.
If you are charged with possessing or being involved in the production of these materials, a Folsom child pornography lawyer could protect your rights, outline your defense options, and construct a personalized strategy. A hardworking criminal defense attorney can work to explain the state’s laws and help protect your integrity in court.
Most people think of child pornography as any image that depicts a child in a nude state. However, the state’s laws on the matter are more nuanced. According to California Penal Code § 311.11, the term child pornography refers to any material that depicts a person under the age of 18 participating in any sort of sexual conduct. Common examples include footage of masturbation, sexual intercourse, or any exhibition of the genitals in a way intended to sexually stimulate the viewer.
Child pornography could come in the form of video and either physical or digital photography.
If someone faces child pornography charges has any further questions about the definition of this kind of sexually explicit content, a knowledgeable attorney in Folsom could provide further clarification.
Generally speaking, the possession of any pornographic content depicting a child is always illegal. Simply acquiring and obtaining this material is always a felony that can result in imprisonment for up to a year, a fine of up to $2,500, or both.
A few additional factors could result in a heightened penalty. For instance, if someone has a prior conviction for the possession of child pornography, the prison sentence could range between two and six years. Additionally, if the defendant possesses more than 600 images or depicts a child under the age of 12, the penalty carries a mandatory minimum of 16 months in prison.
Meanwhile, creating pornographic material involving a child features the most severe criminal consequences. For example, California Penal Code § 311.4 says that enticing, coercing, or otherwise forcing a minor to create child pornography could result in a prison sentence as long as eight years.
Fighting these allegations can be challenging, but a dedicated lawyer in Folsom could help someone facing child pornography charges begin the process of assembling a strong defense.
If you are accused of possessing or producing child pornography, you should act quickly to protect your rights. Conviction under the state’s child pornography laws is always a felony that would likely affect the rest of your life. It is vital that you implement all the available resources to fight back in court.
Thankfully, a Folsom child pornography lawyer could help you maintain your innocence and present a persuasive defense in court. Common legal strategies include disputing whether you possessed the materials in question or whether you knew that the depicted person was underage. Call the office now to schedule your initial case consultation.