Chicago Child Pornography Defense Attorney

What Is Child Pornography?

The California Penal Code defines child pornography as any image that portrays a minor engaging in sexual conduct. Child pornography can be in the form of a picture, video, or even a computer-generated image. It does not matter if the image was created with the intent to be pornographic; the only thing that matters is if the person in the image is a minor. If you have been accused of possessing, distributing, or creating child pornography, you need to retain the services of an experienced criminal defense attorney as soon as possible.

At our firm, our Chicago child pornography defense attorney has a long track record of success in defending clients against these charges. As a former prosecutor, Attorney Eric H. Thomas understands what prosecutors and law enforcement look for when investigating these cases. He knows how to attack the evidence against you and get the charges against you reduced or dropped altogether. He understands the process from both sides and will fight to protect your rights and future.

Schedule your free initial consultation with our Chicago child pornography defense attorney by calling us at (661) 451-5652 or filling out our online form.

California Child Pornography Laws

Under California Penal Code Section 311.11, child pornography is defined as any image that portrays a minor engaging in sexual conduct. It does not matter if the image was created with the intent to be pornographic; the only thing that matters is if the person in the image is a minor. If you are found in possession of an image that meets this definition, you can be charged with a misdemeanor or felony, depending on the circumstances of your case.

The following are some of the specific child pornography laws in California:

• It is illegal to knowingly download, solicit, receive, or possess child pornography.The penalties for these crimes increase if the pornography is of a very young child, a child who is being tortured, a child who is being raped, or a child who is being abused in another way. It is also a crime to possess child pornography that has been "digitally manipulated" to look like an actual minor is engaging in sexual conduct.
• It is illegal to knowingly possess, control, or access child pornography.If you are found to be in possession of child pornography, the penalties will be based on the number of images and whether or not you knew they were on your computer. If you can prove that you did not know they were there, you can get the charges against you reduced or dropped altogether. For example, if you are found to have one image of child pornography on your computer, you can be charged with a misdemeanor. If you are found to have a second image on your computer, you can be charged with a felony.
• It is illegal to knowingly produce, direct, or finance child pornography.If you are found to be producing child pornography, the penalties will be based on the number of images and the age of the child portrayed. If you are found to be directing child pornography, the penalties will be based on the number of images and the age of the child portrayed. If you are found to be financing child pornography, the penalties will be based on the number of images and the age of the child portrayed. For example, if you are found to have one image of child pornography on your computer, you can be charged with a misdemeanor. If you are found to have a second image on your computer, you can be charged with a felony.

Penalties for Child Pornography Possession in California

The penalties for child pornography possession depend on the circumstances of your case. For example, if you are found to have one image of child pornography on your computer, you can be charged with a misdemeanor. If you are found to have a second image on your computer, you can be charged with a felony.

The following is a list of potential penalties for child pornography possession:

• First-time offense: A misdemeanor punishable by up to one year in county jail and/or a fine of up to $2,500
• Second offense: A misdemeanor punishable by up to one year in county jail and/or a fine of up to $2,500
• Third offense: A misdemeanor punishable by up to one year in county jail and/or a fine of up to $2,500

The penalties for child pornography possession increase if the pornography is of a very young child, a child who is being tortured, a child who is being raped, or a child who is being abused in another way. For example, if you are found to have one image of child pornography on your computer, you can be charged with a felony. If you are found to have a second image on your computer, you can be charged with a felony.