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Possession of Obscene Material

Are You Being Charged with Possession of Obscene Material?

This code section prohibits a person from possessing or distributing material related to minors that could be classified as obscene. The definition of obscenity is not crystal clear and has to do with whether the average person would find the material obscene or not.

As you might guess, this leaves certain cases and material left up for argument as to whether or not they meet the dictates of Penal Code Section 311. This is where your attorney will be invaluable in deciding your best options for either fighting or negotiating the case.

When I meet with clients on these types of cases, we get all of the information available, discuss it honestly and openly, and then decide what the best course of action is based on the position we find ourselves in.

Once we know where we are going and what our position will be, we work together to do our part to achieve the best result.

What is Obscene Material?

There is a lot out there about what constitutes obscenity related to some of these severe charges. If you look at it carefully, it is not always clearly defined and can lead to confusion.

One of the famous Supreme Court Justices said that he would know it when he saw it. Again, that does not help the average person figure out what is and is not obscene.

The key is that the prosecutors, judges, and even juries will look at the material in light of the surrounding circumstances and make a judgment call based on the law, the facts of the case, and the lawyer's arguments. In my opinion, this is why it is so crucial to have the best possible attorney on your side.

When it comes down to this type of a case, whoever can argue it the best, so it makes sense to the court or a jury, will likely come out as the winner. When it comes to uncertainty in the law, having a better attorney on your side is always a decided advantage.

Obscene Material and Child Pornography

What exactly does it mean to be charged with possession of obscene material? For one, just because you are being charged with possessing obscene material does not necessarily mean that you are guilty of such a crime.

Often, people unknowingly possess obscene material such as child pornography being downloaded onto your computer through a virus or program. Getting in front of your attorney to discuss is always the best course of action if you are being investigated or charged with a crime.

As Internet sex crimes have increased, so has the crime of possessing obscene material in recent years. Most of these allegations involve internet pornography, requiring the best representation for a successful outcome.

To convict a suspect of Possession of Obscene Material, the government must prove that:

  1. The party knowingly possessed, worked on, or produced, with or without the intent to distribute;
  2. Material that depicts or describes sexual conduct in a patently offensive way (shameful or morbid);
  3. Which, taken as a whole lacks serious literary, artistic, political, or scientific value.

Hedding Law Firm Will Fight Your Charges

Being found guilty of this crime can result in mandatory California Sex Offender Registration as required by Penal Code 290.

This can have a lifelong effect on what jobs you can get, where you can live, and not to mention your relationships that may be negatively affected. If you are being accused of possessing child pornography or any other obscene material, be calm and contact us immediately.

Contact Us Today

Hedding Law Firm is committed to answering your questions about state or federal sex crime issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.