CALIFORNIA PENAL CODE 311
Penal Code section 311 is concerned with the production, distribution, and possession of child pornography. Child pornography charges can be categorized in several ways. Section 311.4 describes the crime of knowingly hiring, persuading, coercing, or otherwise using a minor in the production of child pornography. Section 311.3 describes the crime of knowingly developing pornography. Section 311.11 describes the crime of knowingly possessing child pornography. Sections 311.1 and 311.2 are concerned with knowingly producing, possessing, duplicating, or transporting child pornography with the intent to distribute it to others. Section 311.10 describes the crime of knowingly advertising child pornography for distribution or sale.
ACCUSED OF INVOLVEMENT WITH CHILD PORNOGRAPHY?
In California, a child pornography charge can either be a mandatory felony or a wobbler. A ‘wobbler’ is an offense that can be filed as either a felony or a misdemeanor depending on both the specifics of the alleged crime and the criminal history of the accused. First offenders are much more likely to be charged with a misdemeanor if possible.
Misdemeanor child pornography charges entail a maximum penalty of one year in jail, a fine of up to $2,500, or both, while felony charges can result in a prison sentence of up to eight years and a fine as high as $100,000. All child pornography convictions in California require a lifelong registration on the state’s sex offender list. Being placed on this list places certain requirements on the convicted individual that can drastically affect both private and public affairs.
DEMAND AN ATTORNEY EXPERIENCED WITH CALIFORNIA PENAL CODE 311
Regardless of the specifics of any child pornography charges, the attorneys at Okabe & Haushalter believe everyone deserves a fair trial. The most common concerns in a vigorous defense against these charges are knowledge and intent. Prosecutors must prove beyond a reasonable doubt that the accused was aware of the nature of the pornographic material and its subjects. For distribution charges, intent must be established. If you have been accused of any form of child pornography crime, contact the seasoned attorneys at Okabe & Haushalter. Punishments for felony cases are very severe, and even misdemeanor convictions require sex offender registration. Protect your reputation and way of life. Call Okabe & Haushalter today for a free consultation. We always fight for the best possible outcome for our clients.