San Bernardino Child Pornography Defense Attorneys

Defending the rights of people in San Bernardino who are facing child pornography charges.

If you are currently under investigation for child pornography, it’s crucial that you have a team of experienced criminal defense attorneys in San Bernardino in your corner. Crimes related to child pornography are handled very seriously in the state of California, resulting in potential jail time, legal fines and having to register as a sex offender. By choosing the right team of child pornography defense attorneys, some of these consequences can be mitigated.

To have your case reviewed by one of our San Bernardino child pornography defense lawyers, schedule a consultation with The Law Offices of David S. Chesley today.

What is Child Pornography?

California laws regarding child pornography are broad, so it’s important to clarify what constitutes child pornography. Child pornography is a sex crime under Penal Code 311 that involves a depiction of a minor who appears to be engaged in sexual acts. This includes pictures, videos and computer-generated content like anime.

Typically, child pornography occurs on the internet when a person downloads files that contain these images. Unfortunately, this can sometimes result in innocent people accidentally downloading illegal images because the files were mislabeled or the person was directed to a site they did not mean to visit.

Being Charged with Child Pornography in San Bernardino

To be charged with child pornography, you must knowingly possess, distribute or receive child pornography. “Knowingly” is the key word, as you must have known that the files contained illegal images and you intended to keep, send or receive them.

Investigators do track which computers download pornographic materials and access pornographic websites, so people who do this often are more likely to be charged with the crime. Isolated incidents are more difficult to convict.

To be clear, it is illegal to:

• Knowingly send, transport, produce, possess or duplicate child pornography under PC 1 and 311.2
• Knowingly develop, duplicate, print or exchange child pornography under PC 311.3
• Knowingly hire, employ, use, persuade or coerce a minor to participate in child pornography under PC 311.4
• Knowingly advertise child pornography for sale or distribution under PC 311.10
• Knowingly possess or control child pornography that was produced with a child under PC 311.11

What are the Legal Defenses for Child Pornography Cases

If you have been charged with child pornography, it’s easy to feel that your back is against the wall. But, you do have options. When you work with our affordable child pornography defense attorneys in San Bernardino, you can have your case reviewed for free. It’s possible that there is a legal defense that will help your case and reduce your charges.

Here are the most common legal defenses used to fight child pornography cases.

• Lack of knowledge. Child pornography is a crime that you must have knowledge of. It’s possible that you downloaded or shared files that you didn’t know were child pornography. Sometimes, file sharing programs run in the backgrounds of computers. It’s also possible to obtain child pornography by downloading files in an email.
• Person was over 18. If the alleged victim in the image or video was actually over 18 years old, it is no longer child pornography. Watching adult pornography is not a crime.
• Pornography did not belong to you. If your computer is shared by other individuals, you can use the legal defense that the pornographic material was not yours. It’s possible that another person who uses your computer downloaded the material.
• Suppression of evidence based on 4th amendment. In many cases, child pornography cases occur when law enforcement conducts an investigation and finds the images or videos on a computer. If your rights are violated during the investigation, any evidence obtained will likely be dismissed.
• Entrapment is when a person commits a crime that they normally wouldn’t under government pressure. For example, if you were watching adult pornograpy on the computer, and law officials tried to get you to open a link containing child pornography, this would be considered entrapment. Sometimes this happens because police want to make an arrest.

Consequences for Child Pornography in San Bernardino

The consequences for child pornography crimes are dependent on the factors of the case. Most crimes are considered “wobblers,” which means they can be charged as felonies or misdemeanors.

Generally speaking, child pornography crimes are charged as felonies when the material in the images or videos is obscene, or if the defendant attempted to trade the material commercially or to show it to someone under the age of 18. If you are convicted of a felony, you could face between 16 months and 8 years in a state prison and have to pay a fine of up to $10,000.

If you are convicted of a misdemeanor, the maximum penalty is one year in a county jail and a fine of up to $2,000. Many child pornography crimes also require that you register as a sex offender, possibly for the rest of your life.

Sex Offender Registration in San Bernardino

California has a three-tiered sex registration system that no longer expects a lifetime registration for some offenses.

• Tier 1 requires registration as a sex offender for at least 10 years. This usually includes misdemeanor crimes or indecent exposure.
• Tier 2 requires registration as a sex offender for at least 20 years. Typically, this includes mid-level sex crimes, such as lewd acts with a minor.
• Tier 3 requires a lifetime registration as a sex offender. Individuals in this tier are convicted of serious sex crimes, such as rape, sex trafficking or lewdness of a minor by force or fear.

Contact the Best San Bernardino Child Molestation Defense Attorneys

Being charged with child pornography can affect the rest of your life. Not only could you be faced with jail time and legal fines but also have to register as a sex offender. Put your hands in the best child pornography defense attorneys in San Bernardino – the Law Offices of David S. Chesley. Contact us today for a free case review. This is the first step in protecting your rights.