Potential Defenses to and Penalties for Possession of Child Pornography in California

Potential Defenses to and Penalties for Possession of Child Pornography in California

It is illegal to send, transport, advertise, duplicate, print, or possess child pornography. This is a crime that can render an alleged perpetrator guilty in the public eye before any charges have even been filed. However, there are defense options. Keep reading to learn what they are. If you have been charged with this or another crime against children, call Chambers Law Firm at 714-760-4088 for a free case evaluation.

There Was No Child Pornography Involved

This is a simple defense in which the defendant shows that there was no child pornography in their possession. It may be that what the police found did not involve a child or was not pornography. It may be that the found items did not belong to, nor were under the possession of, the person who has been arrested.

The Defendant Did Not Know It Was Child Pornography

If the person accused of the crime did not know that it was child pornography then they did not commit a crime. This is known as intent – they must have known that the material involved children. In some cases in which the child looks older than it is, it may not be possible to have known that they were dealing with child pornography.

There Was a Legitimate Purpose to Have the Content

There are a few, rare situations in which a person may have child pornography for a legitimate purpose. For example, if someone found it in the home of a friend, took it from them, and gave it to the police, this person should not be found guilty of a crime just because they transported it to the police. Likewise, a child psychologist may come into contact with this type of material when treating a patient.

The Search and Seizure Was Not Lawful

The police are not allowed to enter any structure they would like whenever they want and search whatever they would like. If they obtained evidence only as a result of illegally searching and seizing the property of a defendant, then that evidence should be dismissed. Depending on how important it was to the case, this may lead to the charges being dropped.

Potential Penalties for a Conviction of Possession of Child Pornography

In most cases, this is a wobbler charge, which means that the prosecutor can decide if they want to charge it as a misdemeanor or a felony. If convicted of this charge as a misdemeanor, it can come with up to a year in county jail. Felony child pornography convictions generally result in three years in state prison. There are also fines associated with these charges.

If you are facing this or another sex crime, contact Chambers Law Firm now at 714-760-4088 to request a free legal consultation.

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