California’s child pornography laws are listed as Penal Code § 311.1, 311.2, 311.3, 311.4, 311.10, and 311.11. The child pornography laws make it a crime to knowingly send, transport, produce, possess, or duplicate any child pornography with the intent to distribute it, knowingly develop, duplicate, print or exchange any child pornography, knowingly hire, employ, use, persuade, or coerce a minor to participate in the production of child porn, knowingly advertise obscene child pornography for sale or distribution, and knowingly possess or control any child pornography that was produced using a person under the age of 18.
Penal Code § 311.1(a) specifically states that every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or to exhibit to or to exchange with others, or who offers to distribute, distributes, or exhibits to or exchanges with others, any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct shall be punished either by imprisonment in the county jail for up to one year, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment in the state prison, by a fine not to exceed ten thousand dollars ($10,000), or by the fine and imprisonment.
There are also federal child pornography laws. Under 18 U.S. Code § 2252, any person who knowingly transports or ships, receives or distributes, sells or possesses, any visual depiction if the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and such visual depiction is of such conduct in the special maritime and territorial jurisdiction of the United States shall be punished by 18 U.S. Code § 2252(b) by a fine and imprisoned not less than 5 years and not more than 20 years, depending on the circumstances. If there is a violation of 18 U.S. Code § 2252(a)(4), the person who violated this section shall be fined or imprisoned not more than ten years, or both, depending on the circumstances.
Sentencing and fines vary depending on your exact charge and the circumstances surrounding your case. If you are being charged with any violation of California’s child pornography laws or federal child pornography laws, contact an experienced attorney right away. Call us at Bay Area Criminal Lawyers, PC, so we can assist you and protect your rights, freedom, reputation, and career and secure the best outcome possible for your situation. No matter how serious the charges pending against you may be, we will work tirelessly to protect your best interests.
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