Are You Being Charged with Possession of Obscene Material?
PENAL CODE SECTION 311 – HAS TO DO WITH CHILD PORNOGRAPHY
This code section prohibits a person from possession or distributing material related to minors that could be classified as obscene. The definition of obscenity is not crystal clear and really 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 what your best options are for either fighting or negotiating the case. When I meet with clients on these type of cases, we get all of the information available, discuss it in an honest and open manner and then we 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, then each of us work together to do our part to achieve the best result.
DEFINING WHAT IS OBSCENE
There is a lot out there about what constitutes obscenity as it relates to some of these serious 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 in trying to 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 have to 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, who ever can argument 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 the better attorney on your side is always a decided advantage.
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 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.
In recent years, as Internet sex crimes have increased so has the crime of possessing obscene material. Most of these allegations involve Internet pornography and it is important to retain the services of of a sex crime attorney who is knowledgeable related to all laws pertaining to Internet sex crimes and the crime of obscene material possession is a crime that will require the best representation for a successful outcome.
In order to convict a suspect of Possession of Obscene Material, the government must prove that:
- The party knowingly possessed, worked on, or produced, with or without the intent to distribute;
- Material that depicts or describes sexual conduct in a patently offensive way (shameful or morbid);
- Which, taken as a whole lacks serious literary, artistic, political, or scientific value.
The 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 as to what jobs you can get, where you can live, and not to mention your relationships that may be negatively effected. If you are being accused of possessing child pornography or any other obscene material, be calm and contact us immediately.