California has specific laws that protect children from exploitation in pornographic materials. These laws against child pornography prohibit the producing, possessing, transporting, distributing, and selling of pornographic materials that include minors under the age of 18. The state has laws that prevent any selling or possessing of its materials.
What Are the Specific California Laws Regarding Child Pornography?
California Penal Code Sections 311.0, 311.1, 311.2, 311.3, and 311.4 highlight the specific regulations that prohibit aspects of child pornography in the state. They address:
– Knowingly sending, transporting, making, possessing and/or duplicating child pornography with the specific intent to distribute. Also, knowingly controlling or owning any child pornography that was produced using a minor.
– Sexual exploitation of a minor
– Knowingly hiring, employing, persuading, using, or compelling a minor to be included in the production of child pornography
– Knowingly advertising and marketing obscene child pornography for distribution or sale
What Are the Penalties of a Child Pornography Charge?
– Possession. In California, possession of child pornography is considered a felony, and it requires the defendant to register with the state through the Sex Offender Registration Act. The penalty could include a fine up to $2,500, jail time for up to one year, or both. Depending on the severity of the sentence, these amounts could increase if the defendant is a repeat offender. Under federal law, first time offenders face fines and a minimum of 15 to a maximum of 30 years in prison.
– Distribution. If the defendant is convicted of transporting child pornography into California or distributing the materials to others, he or she could face imprisonment for up to one year in jail or prison, a fine up to $2,000, or both. These amounts can change if he or she has had a previous conviction or similar previous charge. Federal law prohibits the distribution and transportation of child pornography as well, and a first-time offender can face fines and anywhere between 5 and 20 years in prison.
If you or someone you know has been convicted for child pornography in California, you should contact a criminal defense attorney immediately. Call Garcia, Schnayerson & Thompson today for a free consultation.