I've been handling these cases since they've existed, where they're on the internet, and people are capturing and downloading images through applications and other means. CCB was the leader in prosecuting child pornography cases in Los Angeles County. That's the central hub court at 210 West Temple.
In my 39-year career, we always knew it as CCB, but it's been renamed the Clara Shortridge Foltz Courthouse. It's in the heart of downtown Los Angeles, and they probably prosecute most child pornography cases.
A conviction for a child pornography crime in California has severe consequences beyond prison time and fines. It can affect where you live, where you work, and your standing in your community. If you are facing a child pornography charge, it is essential to hire an experienced sex crimes attorney to help you.
Under California Penal Code 311 PC, it's illegal to participate in the knowing distribution, possession, production, publication, duplication, sale, or printing of child porn in any form.
To be convicted of violating PC 311, the prosecution must prove that you knowingly committed the act and that you knew that the material showed a minor under 18 years of age participating in or simulating sexual conduct.
Depending on the specific details of the case, you can be charged with the following child porn offenses:
- Possession of child porn - Penal Code 311.11 PC;
- Distributing child pornography - Penal Code 311.1(a) PC;
- Distribution of child porn for commercial consideration - Penal Code 311.2(b) PC;
- Employing minors to participate in child porn – Penal Code 311.4 PC;
- Advertising child porn – Penal Code 311.10 PC.
Sex Offender Registration – California Penal Code 290 PC
If you are convicted of a child porn offense, you must register as a sex offender. You must renew your registration every year.
Registering as a sex offender can have severe consequences for where you live and work. If you fail to register as a sex offender or violate the registry requirements, you could be sentenced to serve prison time.
Child Pornography Prosecution in Los Angeles
You must realize that if you're arrested for child pornography in the downtown LA area or jurisdiction, you'll be prosecuted in downtown Los Angeles at CCB or charged in the Central District federally. The feds prosecute many child porn cases, and the dividing line seems to relate to the following:
- how many images do you have;
- how many videos;
- how many pictures;
- type of images and videos.
The feds are usually the ones who decide if they're going to file it, and if they don't, the case is kicked down to the state, and it's filed in downtown Los Angeles.
Some special prosecutors handle these child pornography possession and distribution cases. They'll see what type of images you have in determining how they will deal with you.
They'll also look at your age and prior criminal record. They'll look at whether or not there's any evidence that you were attempting to meet with any children. That's a massive factor in whether or not they seek state prison and lifetime registration as a sex offender.
So, if you or a loved one is being prosecuted for possession, distribution, or production of child pornography, you should hire an attorney immediately because these cases are severe.
I've been practicing criminal defense for 30 years, and I know that a child pornography case is probably one of the more severe cases that are politically charged and difficult to deal with because of the subject matter. So, we want to do everything we can to put you in the best light possible.
Under Penal Code 311.11 PC, possession of child porn conviction is a felony crime punishable by up to one year in county jail or state prison and a $2,500 fine. If you have a prior child pornography conviction, you face two, four, or six years in state prison.
Under California Penal Code 311.1(a) PC, distribution of child porn conviction is also a felony punishable by up to one year in county jail and a fine of $1,000. Depending on the details of your case, the court could sentence you to up to three years in state prison and a $10,000 fine.
Under Penal Code 311.2(b), a conviction for distributing child porn for commercial consideration is a felony offense punishable by a state prison sentence of two, three, or six years and a fine of up to $100,000.
Negotiating a Resolution
First, we'll see whether or not you have a defense to the case in the downtown LA court or whether it's a situation where we will be negotiating and trying to find a resolution.
If we are negotiating, we want to get character letters, get some information about your employment and history and do a mitigation package for the prosecutors.
Maybe even do a psychological evaluation in what's called a static 99 to determine whether you will be a recidivist, meaning will you do something like this again:
- Are people in danger?
- Is the public in danger?
- Are children in danger?
In this situation, prosecutors and judges are most worried about these things, so we want to ensure that we get that psychological evaluation.
Maybe even hire our private expert to have it done so we can try to use that as a tool to resolve your case.
What Are the Defenses for Child Porn Charges?
Suppose you are facing a child pornography charge. In that case, it's essential to retain an experienced California criminal defense lawyer who can examine your case and prepare a defense to get the best possible outcome. Some potential arguments include the following:
- you were not aware that the person in the material was a minor;
- you were not aware that the material was pornographic in nature;
- you were coerced by undercover law enforcement to possess, distribute, or download child porn, called police entrapment;
- you lacked legal possession of child porn because any illegal material was deleted from your computer;
- police performed an illegal search and seizure for child pornography because they lacked a search warrant or it was beyond the warrant's description;
- another person had access to your computer.
Perhaps we can argue that you only viewed the images online and did not download them. Maybe we can say that you lacked the knowledge of locating any illegal material deleted from your computer's web browser, history, or cookies.
So, if you need the best, you've to the right place. I've worked for the district attorney's office, I've worked for a superior court judge, and I've worked for people just like you since the early 1990s. Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
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