Child Pornography: California Penal Code 311.11

Child Pornography (CA Penal Code 311 PC) is California’s law that prohibits the possession, development, distribution and advertisement of child pornography. Convictions of child pornography offenses are usually felonies, and depending on the circumstances of your case, it may be charges as either a state or federal crime.

If convicted of a child pornography related offense, you will be facing some harsh penalties, including: large monetary fines, long prison sentences, and you must register as a sex offender for the rest of your life.

At the Law Offices of David Chesley we have seen many clients who were innocent and falsely accused. This can happen because spam in your email may have lead you to a site you did not wish to visit, or law enforcement agencies used entrapment to lure you into committing a child pornography related offense.

Law enforcement agencies will start tracking your online usage if you are suspected of any crime involving child pornography. Your internet service provider will cooperate with law enforcement agencies who subpoena information about your internet usage. In addition Law enforcement agencies also pose as children and other internet users who are trying to obtain or distribute child pornography. All this is done in an effort to arrest anyone involved in child pornography.

Once a law enforcement agency has enough evidence they  will contact a judge to obtain a search warrant. This will allow them to search your home, your computers, any hard drives, emails, web history, and all files (including deleted ones) on your computer.

In the same way that computers store information, so do your mobile devices. This means that if you have received any type of child pornography on your phone, this can also be used to convict you of a child pornography related offense.

There are many defenses that can be applied when facing a child pornography offense. Here at the Law Offices of David S. Chesley, we have the most experienced and knowledgeable attorneys in southern California. Our attorneys will fight aggressively in court to protect your innocence. A few examples of defenses that our attorneys have used in these types of cases are: entrapment, meaning that law enforcement convinced you of engaging in something related with child pornography. Innocence, meaning that you might have not knowingly clicked on the wrong site. False accusations, such as maybe someone you know planted evidence of child pornography in your computer.

At the Law Offices of David Chesley we will do everything in our power to clear your name, contact our offices at any time, our lines are open 24 hours a day, 7 days a week and a legal professional is waiting to speak with you.

CA Penal Code 311 PC

311.3.  (a) A person is guilty of sexual exploitation of a child if
he or she knowingly develops, duplicates, prints, or exchanges 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 disc, 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
that depicts a person under the age of 18 years engaged in an act of
sexual conduct.
   (b) As used in this section, "sexual conduct" means any of the
following:
   (1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
   (2) Penetration of the vagina or rectum by any object.
   (3) Masturbation for the purpose of sexual stimulation of the
viewer.
   (4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
   (5) Exhibition of the genitals or the pubic or rectal area of any
person for the purpose of sexual stimulation of the viewer.
   (6) Defecation or urination for the purpose of sexual stimulation
of the viewer.
   (c) Subdivision (a) does not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
   (d) Every person who violates subdivision (a) shall be punished by
a fine of not more than two thousand dollars ($2,000) or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment. If the person has been previously
convicted of a violation of subdivision (a) or any section of this
chapter, he or she shall be punished by imprisonment in the state
prison.
   (e) The provisions of this section do not apply to an employee of
a commercial film developer who is acting within the scope of his or
her employment and in accordance with the instructions of his or her
employer, provided that the employee has no financial interest in the
commercial developer by which he or she is employed.
   (f) Subdivision (a) does not apply to matter that is unsolicited
and is received without knowledge or consent through a facility,
system, or network over which the person or entity has no control.