Being accused of a sex crime in Folsom, particularly one against children, can be incredibly frightening. Child pornography is one such offense where the penalties are extreme and even a baseless accusation can ruin your life. If you’ve been charged with possessing, distributing, producing, or otherwise being involved with child pornography in California, you need adept legal representation – and fast. Your reputation, career, and future could depend on it.
An experienced Folsom child pornography lawyer from Walsh Law is here to help protect your rights, outline your defense options, and create a personalized strategy that uniquely serves your best interests. Life as you know it doesn’t have to end here.
Call 916-237-8270 or submit an online form to set up a free, confidential consultation about your child porn charges.
Many people assume there must be nude children depicted for a photo or video to be considered child pornography, but California’s laws are broader and more nuanced than that.
According to California Penal Code § 311, the term child pornography refers to any “obscene” material that depicts a person under the age of 18 engaging in any sort of sexual conduct, including simulated sex acts. “Obscene” indicates that the material is offensive in nature and holds no educational, artistic, literary, scientific, social, or political value.
In California, you could be charged with a child pornography offense for several reasons. Specific child pornography crimes under state law include:
In California, child pornography can be either a misdemeanor or a felony, but it is almost always filed as a felony. Felony child pornography convictions are punishable by up to three years in state prison. If your charges are only filed as a misdemeanor, the maximum sentence is one year in jail and a fine of up to $2,500.
A few factors can result in higher penalties. For instance, if you have a prior conviction for a child pornography offense, possessed more than 600 images, or possessed child porn depicting someone under the age of 12, you could face up to five years of incarceration. Offenses under California Penal Code § 311.4 can result in a prison sentence as long as eight years.
Federal charges for possessing, receiving, or distributing child pornography can lead to a maximum of 15 years in federal prison for each offense.
If convicted of a child pornography crime, you must also register as a sex offender in the state of California for at least 10 years after completing your sentence. Depending on the nature of the offense, you may have to register for a lifetime.
There are many defenses against child pornography charges in Folsom, including lack of knowledge or intent. You could dispute whether you knowingly possessed child pornography or knew that the depicted person was underage. Evidence of your search history could support the fact that you accidentally downloaded the child porn. Without the element that you “knowingly” committed the alleged offense, prosecutors could struggle to prove your charges.
You might also be able to argue that the materials in question do not constitute child pornography under California law. For example, your defense team could demonstrate that the content was intended for educational purposes only.
Ultimately, your case is unique and you need a personalized defense strategy that works for you. That is one of the many reasons why having a lawyer on your side is crucial when accused of a sex crime in Folsom, California.
If you’ve been accused of possessing or producing child pornography in California, you must act fast to protect your rights and reputation. Conviction under the state’s laws is a felony that will undoubtedly affect your life. It is critical that you utilize all the available resources to fight back in court, especially those provided by your defense lawyer.
Folsom child pornography lawyer Chris Walsh can help you preserve your innocence and deliver an effective defense in court when you’re facing serious child sex crime charges.
Contact Walsh Law at 916-237-8270 now to schedule your free initial case consultation.