Rancho Cucamonga Child Pornography Attorney

Defending Against Child Pornography Charges in San Bernardino, Riverside, and Los Angeles Counties

Child pornography charges can have a profound and lasting impact on your life. They can lead to severe legal consequences, including imprisonment and heavy fines. Beyond the immediate legal penalties, the social stigma associated with such charges can result in loss of employment opportunities, strained personal relationships, and long-term damage to your reputation.

Put simply, when you are accused of possessing or distributing child pornography, everything is on the line, and you need a criminal defense attorney you can depend on. At the Law Offices of Brian E. Skibby, we recognize the gravity of the situation you are in and that your life, liberty, and reputation are at stake. Mr. Skibby is a trial-tested Rancho Cucamonga child pornography lawyer with over 27 years of criminal defense experience. He has successfully handled hundreds of court trials, including numerous complex cases, and is known for his personalized, hands-on legal support. You can trust us to stand by you, make every effort to protect your rights, and provide the comprehensive defense representation that you deserve at a rate you can afford.

We offer free initial consultations to discuss your defense options in child pornography cases, so do not hesitate to call (909) 695-0095 or contact us online if you are facing these charges.

What Is Considered Possession of Child Pornography in California?

In the state of California, possession of child pornography is a serious offense defined as knowingly possessing or controlling any material that involves the use or depiction of a minor personally engaging in or simulating sexual conduct. A minor is someone under the age of 18.

There are several key components to this definition. First, the accused must knowingly possess or control the illicit material. This means that accidental or unknowing possession is not considered a crime. Second, the material in question must depict a minor – again, a person under the age of 18 – engaging in or simulating sexual conduct. This includes (but is not limited to) lewd or lascivious acts, sexual intercourse, sodomy, oral copulation, or masturbation.

California law applies a broad interpretation to the term “possession.” Physical possession, such as having the material on a physical object like a DVD, is certainly considered possession. However, possession can also be digital, such as having the materials stored on your computer, smartphone, or other electronic devices. Moreover, it encompasses both direct control and constructive possession, where the individual has access to and control over the place where the material is located, even if they do not have it physically.

It is important to emphasize that the law specifies that for a person to be convicted, they must have knowingly possessed or controlled the illicit material. This means that the prosecution must prove that the defendant was aware of the possession and the nature of the content. If, for instance, someone unknowingly downloads or receives such materials, perhaps as part of a larger file or through unsolicited emails, they may not be held criminally liable, provided they can demonstrate the lack of knowledge or intent. This nuance underscores the importance of hiring a skilled Rancho Cucamonga child pornography attorney who can scrutinize the evidence and challenge the prosecution's assertions about your knowledge and intent.

What Is Considered Distribution of Child Pornography in California?

California defines the distribution of child pornography as knowingly sending, transporting, producing, possessing, or duplicating any obscene matter that depicts a minor engaging in sexual conduct. It is critical to note that both the act of distribution and the intent to distribute are covered under this law. This means that one can be charged even if the material was not successfully distributed as long as the intent to distribute can be established.

The term “distribution” in this context is broad and can encompass a range of activities. For example, it includes but is not limited to emailing or texting explicit content to another person, uploading such content onto the internet, or even simply passing on a physical copy of such material. The law applies regardless of whether the distribution was done for profit or not. Even distribution without any financial gain or compensation can be prosecuted.

Similar to the state’s child pornography possession laws, the prosecution must establish that the person accused of distribution knew what they were distributing and that it involved a minor. If, for example, someone was tricked into distributing such content without their knowledge of its nature, they could potentially mount a defense based on this lack of knowledge.

Also worth considering is that the law applies not only to the original creator of the illicit material but also to anyone who subsequently distributes it, regardless of who initially produced it. Put another way, merely sharing such content, even if one did not create it, falls under the umbrella of distribution and is, therefore, punishable under California law.

Penalties for Child Pornography Offenses in California

In California, child pornography offenses are typically charged as wobblers – meaning they could be prosecuted as a misdemeanor or a felony depending on the circumstances – or felonies. A misdemeanor child pornography offense can still result in up to a year of jail time and fines of $2,500. A felony child pornography conviction can lead to up to three years of prison time. A person convicted of any child pornography offense will also be required to register as a sex offender, even if it is their first offense.

Potential Defenses for Child Pornography Cases

Every case is unique, and the best defense strategy will depend on the specific circumstances of your case. Our Rancho Cucamonga child pornography lawyer will thoroughly review the details of your case and advise you on the most viable path forward.

Potential defense strategies may involve demonstrating:

• Lack of Knowledge. As discussed earlier, the defendant must knowingly possess or distribute the explicit material. If you can demonstrate that you were unaware of the nature of the material, or that it was sent to you without your knowledge, this can serve as a potential defense.
• Material Not Constituting Child Pornography Under Law - The law specifically defines what is considered child pornography. If the material that you are being accused of possessing or distributing does not meet the legal definition of child pornography, this can serve as a valid defense. For instance, if the individuals depicted in the material are not minors, or if the material does not explicitly portray or simulate sexual conduct as defined by the law, it may not be classified as child pornography. What may be morally or socially objectionable does not always equate to something that is legally prosecutable.
• Material Has a Legitimate Purpose. While the law is stringent in punishing the possession and distribution of child pornography, it recognizes that some materials involving minors may have a legitimate purpose and are therefore permissible. For instance, materials that are used for genuine scientific, educational, law enforcement, or medical purposes, and do not explicitly depict or encourage illegal sexual conduct, typically fall into this category. Examples may include anatomical textbooks, clinical photographs used for medical training, or explicit content used in law enforcement training to educate officers on identifying illegal materials. Note that the legitimacy of these materials hinges on their context and purpose of use. Misuse or distribution of such materials outside their intended context could still result in legal repercussions.
• Insufficient or Inadmissible Evidence. Every case relies on robust evidence. If there is insufficient evidence to prove beyond reasonable doubt that you committed the offense, or if the evidence was obtained illegally through an unlawful search or seizure, this could form the basis of your defense.
• Mistaken Identity. In some cases, especially those involving digital evidence, it may be possible to argue that you were not the one possessing or distributing the material. This can be particularly relevant in situations involving shared or public computers.
• Entrapment. In certain circumstances, it may be argued that you were induced or coerced by law enforcement into committing an offense that you would not have committed otherwise. Entrapment can be a complex defense and requires careful handling.

When you need a Rancho Cucamonga child pornography attorney, turn to the Law Offices of Brian E. Skibby. We offer payment plans and 24/7 emergency assistance, so call (909) 695-0095 or contact us online today.