Have you been ARRESTED or contacted by the Police, a Detective, FBI, or CPS?
Los Angeles Child Pornography Defense Attorney
If you have been brought in for questioning, arrested for, or charged with possession or distribution of child pornography, you don’t want to handle this yourself. Your life, freedom, and reputation are on the line. Our Los Angeles child pornography lawyer is here to help.
Call Saffari Law Group today for a confidential consultation: (213) 460-4922. Our criminal defense lawyer is prepared to fight for you.
What California Statutes Have to Say About Possession and Distribution of Child Pornography
Crimes involving child pornography largely fall into two categories – possession and distribution – but they are often, if not typically, charged together as part and parcel of a single incident.
Defining Child Pornography (California Penal Code section 311)
This is the state’s main child pornography statute, which criminalizes the production, distribution, dissemination, exhibition, sale, publication, publicization, presentation, and commercial exploitation of obscene material depicting minors. This is material that lacks legitimate “literary, artistic, political, or scientific value”, and which may be directed to specifically identified deviant groups.
Material that constitutes child pornography is fairly expansive but includes any photos or videos portraying sexual activity with anyone age 17 or younger. What is considered sexual activity is also fairly broad but always encompasses sexual intercourse, sodomy, oral copulation, and masturbation.
To be illegal, this material must also appeal to a prurient interest (i.e., sexual desire, pleasure, etc.). In addition, the subject matter can appear in virtually any form or medium, from hard-copy papers to digital images that may be automatically deleted shortly after transmission via disappearing message apps.
Possession of Child Pornography (California Penal Code Section 311.11(A))
Keep in mind that regardless of how much obscene material is found in a single location—and regardless of how many forms/mediums that material is contained in—you can only be charged with a single count of possession (People v. Manfredi(2008) 169 Cal.App.4th 622).
It’s important to note that, regardless of the particular statute, every crime involving child pornography requires “specific intent,” which means that you specifically intended to download or distribute the obscene material.
Penalties for Possessing Child Pornography
Not surprisingly, the District Attorney’s Office aggressively prosecutes child pornography crimes and utilizes its highly-trained Cyber Crime Division personnel to do so. It often does so in conjunction with the LAPD’s Juvenile Division’s Internet Crimes Against Children Task Force.
Child pornography distribution crimes are virtually always charged as felonies, but possession crimes are considered “Wobblers,” which means you can be charged with a misdemeanor or a felony, depending on what the Deputy DA prosecuting you wants to do.
Importantly, to be convicted of distribution, you don’t need to actually distribute the material, only make it available for downloading in a file-sharing account (as we learned when we successfully represented one particular client in such a case – see below).
Finally, simply viewing child pornography—as opposed to downloading it—can in and of itself trigger criminal prosecution. Notwithstanding, in the almost-16 years that Saffari Law Group’s founding attorney, Ninaz Saffari, has fought against child porn cases, she has never represented a defendant who was not alleged to have also downloaded the subject material.
Misdemeanor vs. Felony Penalties
A first conviction will get you up to a year in state prison or county jail and/or a fine of up to $2,500. If certain exacerbating factors exist, you will face 16 months, two years, or five years in prison.
However, prior child pornography convictions typically result in far harsher sentences upon a second conviction. Specifically, if you’ve previously been convicted of Possession of Child Pornography, you’ll receive two, four, or six years in state prison.
In addition, you usually (though not always) have to register as a sex offender (see below).
Finally, if specific minors are involved, you’ll be prohibited from having any contact with them in the future.
Registration Requirements for Child Pornography
Pursuant to California Penal Code section 290 (the Sex Offender Registration Act), as well a new state law enacted on January 1, 2021 (Senate Bill 384), even a misdemeanor conviction for child porn can result in at least a decade-long sex offender registration requirement.
(Any sex crime conviction that entails a decade-long registration requirement is known as a “Tier One” offense.) This means that any member of the public can quickly and easily look you up on the state’s “Megan’s Law” website and find out every pertinent detail about your conviction.
And if you fail to properly and timely register whenever you move to another locale within the state, you could be subject to significant penalties pursuant to California Penal Code section 290.018.
Call us today to learn more about the penalties you may face and to get started fighting them: (213) 460-4922.
Criminal Defense
We Can Fight for a Pre-file or Early Dismissal
We can often favorably resolve child pornography charges either before they are filed by the DA’s Office or shortly thereafter without even a misdemeanor conviction. At Saffari Law Group, our sex crimes defense team has enjoyed considerable success in convincing the investigating detective and/or the prosecuting Deputy DA that our clients are not criminally culpable, often based on the defenses set forth below.
If you learn that you are subject to an investigation for possession and/or distribution of child pornography, please contact our criminal defense attorney to find out about your options.
Defenses We Can Use Against Child Pornography Charges
The following defenses, which are all set forth in CALCRIM, apply to charges of possessing and/or distributing child pornography:
- You never actually possessed or controlled the subject obscene material.
- You didn’t act knowingly (i.e., There was no specific intent on your part to download, distribute, or make available the same subject material. Alternatively, you weren’t aware of the nature of the material you were downloading or disseminating, or you weren’t reasonably aware that the individuals involved in the depicted sexual conduct were minors.)
- You acted with an objectively legitimate purpose in mind (e.g., You were distributing a critically acclaimed foreign film, such as France’s Blue is the Warmest Colour, which depicted underage sex acts, and which was awarded the highly prestigious Palme d’Or at the 2013 Cannes Film Festival).
- The individuals depicted in the subject material were not, in fact, minors.
- You did not act out of prurient interest (i.e., you didn’t act out of lust, passion, or sexual desire; alternatively, you didn’t disseminate the subject material to arouse the same in another person).
- The material did not, in fact, depict actual or simulated sexual conduct that would offend a reasonable person, nor did it objectively appeal to a reasonable person’s prurient interest.
- You didn’t intend to disseminate the material for any financial or commercial benefit.
- You didn’t import, distribute, produce, prepare, publish, or sell the obscene material in California.
- You never intended to distribute the material to another person.
Our child pornography attorney will determine the best defense in your case.
The Critical Importance of Using a Top Expert Witness in Your Defense
In the vast majority of child porn cases we have handled over more than a decade-and-a-half, we have utilized a top IT expert. Our favorite expert is a former NSA employee who trained Edward Snowden and who had ultra-top-secret security clearance. Such an expert – particularly when testifying at trial (or sometimes at the preliminary hearing) – can help us prove your innocence. Although such an expert is expensive, we are typically successful in petitioning the court to have his consultation fees paid by the county.
Conversely, however, sometimes an expert is not required. Nor is such an expert required to be presented by either the Deputy DA or your counsel, per Penal Code § 312.1.
Nevertheless, in our opinion, if the prosecutor presents an expert witness to testify against you, then a criminal defense lawyer’s failure to counter with a defense expert amounts to legal malpractice, as well as a violation of your constitutional right to adequate counsel. That’s why we use an expert in almost every case.
An Example of a Child Pornography Case Handled by Saffari Law Group
The members of our team have dedicated their careers to defending against sex crimes charges, including child pornography. Our successful results show that dedication and how it has paid off. Here is an example of a child pornography case we successfully resolved.
Possession & Distribution Charges – 6 Years, Lifetime Registration & Deportation – Case Dismissed
People v. J.L.: Client was apprehended at Los Angeles Int’l Airport after police found obscene images on his smartphone. After they learned he had forwarded some of these images to a third party and also posted them on a chat room site, he was charged with:
Possession of Child Pornography (P.C. § 311.11(a)); and
Distribution of Child Pornography (P.C. § 311.1(a)).
Maximum sentence if convicted: half a dozen years in a state penitentiary; lifetime sex offender registration (California Penal Code section 290(b)); and deportation (client was living here on a work visa).
Result: We were able to obtain a drastically reduced plea to Second-Degree Commercial Burglary (California Penal Code section 460), which wouldn’t trigger deportation. All other charges were dismissed. He received no jail time, and after he finishes probation, he will be eligible to have the burglary conviction expunged from his record.
Our Los Angeles Child Pornography Defense Lawyer Will Defend Your Future and Freedom
If you are under investigation or arrest or facing criminal charges for distribution or possession of child pornography, you are likely frightened and worried about your future. However, remember that an arrest or charge is not a conviction. You can fight the charges, but you shouldn’t handle this alone.
And with Saffari Law Group, you’re never on your own. You’ll get our personal cell numbers so you can get in touch with us whenever you need. We also only take on a small number of cases so we can give you and your case the attention it deserves.
Call criminal defense lawyer Ninaz Saffari and the Saffari Law Group team for help today: (213) 460-4922. You can trust Ninaz to fight with everything she has for your freedom and your future.