If you knowingly distribute, possess, produce, publicize, duplicate, sell or print child pornography in any form – including over the internet – you could be charged with a distribution of child pornography under California Penal Code Section 311.1(a).
In order to convict you of distributing child pornography under PC 311.1(a), the prosecution must prove the following:
- You knowingly committed the act of distributing, possessing, producing, publishing, duplicating, selling or printing child pornography; and
- When you committed the act, you knew the content depicted a person under the age of 18 participating in or simulating sexual conduct
Distributing child pornography is a “wobbler” offense, meaning it can be charged as either a felony or a misdemeanor. A felony conviction under PC 311.1(a) carries up to three years in prison and $10,000 in fines, while misdemeanor distribution of child pornography is punishable by up to 364 days in jail and $1,000 in fines. Additionally, you will be required to register as a sex offender under PC 290 if you are convicted of distributing child pornography. These are serious consequences that will impact you for the rest of your life.
Defenses to Distribution of Child Pornography Charges - PC 311.1(a)
In order to convict you of distributing child pornography, the prosecution must prove all of the elements of the crime. To defend you, an experienced attorney will attempt to raise doubt that one or more of the elements were not met.
- You knowingly distributed child pornography – You should not be convicted of this crime if you did not knowingly distribute child pornography.
- You did not know the images depicted a minor – If you were unaware that the person(s) depicted in the material were under 18 years old, you should not be convicted of this crime. For example, if the image was an altered image featuring the face of a celebrity that is known to be older than 18 superimposed onto the body of a minor, this may be a valid legal defense to the child pornography charges against you.
If any evidence against you was discovered as part of an illegal search and seizure, a skilled defense lawyer may be able to get the evidence thrown out, which could greatly improve your chances at obtaining a favorable outcome.
Which legal defense applies in your case depends upon the specific facts and circumstances. In order to apply a proper defense to the distribution of child pornography charges, you should contact skilled and knowledgeable child pornography lawyers to protect your rights.
