Child Pornography

California’s child pornography laws make it a crime to participate in certain activities associated with child pornography, which is defined as any depiction of sexual conduct involving a person under 18.

  • State Penalties: <p>The penalties for child pornography offenses under California law vary according to which statute was violated. Generally speaking, most offenses are pursued as wobblers or felonies, depending on the circumstances of the case and the defendant's criminal history. When a child pornography crime is charged as a misdemeanor, the penalties are usually one year in jail and a fine of up to $2,500. Felony child pornography charges can result in a state prison sentence of 16 months to 8 years, plus a fine of up to $100,000. A child pornography conviction in California will also subject a person to the state's lifelong sex offender registration requirement—regardless of which section of the Penal Code was violated.</p>
  • Difference between California state and Federal statutes: <p>Federal law (section 2256 of Title 18, United States Code) defines child pornography as the visual depiction of a minor involved in sexually explicit acts. It forbids the creation, distribution, receiving, or possessing of child porn using interstate or foreign commerce (i.e. the Internet, U.S. Mail). Producing child pornography can result in fines and 15 to 30 years in prison, even for a first-time offender. Transporting child pornography in interstate or foreign commerce is punishable by fines and 5 to 20 years in prison. Harsher penalties (including life imprisonment) can apply if the offender has prior convictions and / or the material is violent or abusive in nature.</p>
  • Related Crimes: <p>Contributing to the delinquency of a minor, human trafficking, lewd acts with a child, statutory rape</p>
  • When is the best time to act?: <p>Child pornography charges are serious ones that require the immediate guidance of a California defense attorney with experience in this field of law. A conviction will have an impact that continues even after the fines are paid and the jail or prison sentences served. Entry in the state registry of sex offenders can limit a person’s job prospects and even affect their custody of their children.</p>
  • Successful Defenses: <p>There are accepted defense options available when charged with child pornography. They include: <br/> ● Entrapment<br/> ● Evidence that the defendant did not act either knowingly or with the required intent to support a given charge<br/> ● False accusations<br/> ● Evidence was acquired via an illegal search and seizure<br/> ● Presence of a mental defect or psychological addiction that limits the defendant’s ability to control themselves<br/></p>
  • High profile/Government cases: <p>In August 2010 David Grummer, 44, was sentenced to 295 months in prison after being convicted on 18 counts of receiving child porn and 5 counts of possessing child porn. A federal jury in San Diego convicted Grummer on June 24, 2010. After Grummer was originally investigated for selling banned chemicals on the Internet, the FBI Cyber Squad searched computers at his residence and found hundreds of child pornography images on five different hard drives. Forensic analysis revealed that he had used file share programs to search for and acquire images of children being sexually exploited. The defendant was required to register as a sex offender and subject to 15 years of supervised release after completion of his prison sentence.</p>
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