San Diego Child Pornography Defense Lawyers PC § 31.11-31.14
Child Pornography cases are among the most stigmatizing of sex crimes. If you are under investigation for Child Pornography or if you have been charged, you need a strong defense to clear your name and protect your reputation.
What is Child Pornography?
Penal Code § 31.11-31.14 collectively constitute the crime of child pornography in the State of California. In order to be found guilty of Child Pornography, the prosecution must prove one of the following beyond reasonable doubt:
1 The defendant brought into California or caused to be brought into California, obscene matter.
2 The defendant possessed or prepared, published or produced, or developed or duplicated obscene matter.
3 The defendant offered to distribute obscene matter to someone else when the defendant knew that the matter showed a person under the age of 18 who was personally participating in or simulating sexual conduct. (This crime is aggravated if the defendant distributed the obscene matter involving minors under 18 for the purposes of profit or commercial exploitation)
“Obscene Matter” has been legally defined as that sexual matter which (a) lacks serious artistic, scientific, political or literary value and the reasonable adult would conclude that the sexual matter was specifically made to gratify sexual lust.
“Matter” is defined broadly to include any kind of traditional picture, drawing, painting, or any image produced by sophisticated computer software or video equipment.
What are the defenses to the charge of Child Pornography?
Artistic, Scientific, Educational, Literary, Political or Familial Use of Sexually Oriented Matter
There has been much litigation over the lawful purposes for which sexually oriented matter may be legally used or possessed. Suffice it to say, that the objective test used by most appellate courts today is whether or not a reasonable adult would consider the sexual matter to be used mostly for artistic, political, educational, literary or for familial purposes to chronicle a family’s history.
How Our Law Firm Uses Aggressive Pre-Arraignment Defense Strategies to Convince the District Attorney to Reject Your Case
The My Criminal Defense legal team has successfully defended many clients who have been falsely accused of Child Pornography crimes by having experts in the area of literature, education, politics, science or art evaluate the alleged pornography and prepare extensive professional reports on how such material has been used for legitimate reasons.
Our professional investigators obtain sworn statements from children and the parents of children who have been depicted in alleged pornographic productions or materials to show that the parents only agreed to the use of their children upon being satisfied that their children’s nudity would be used for legitimate scientific or literary reasons. The veteran experienced attorneys in My Criminal Defense have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against wrongful and unjust prosecution.
Once prosecutors are persuaded that the alleged pornography contained a meritorious value, a reasonable doubt would have to arise as to the evidence relied upon to file child pornography charges. A prosecutor has a SWORN DUTY not to file charges once she or he believes that reasonable doubt as to guilt has been satisfactorily demonstrated.
My Criminal Defense Attorneys are skillful and knowledgeable about gathering legitimate expert opinions and preparing these opinions to persuade the prosecution of reasonable doubt.
With more than 27 years of experience serving as a legal defense team in Southern California, we pride ourselves in our ability to create successful strategies that will protect your life and freedom.
TAKE IMMEDIATE STEPS TODAY to protect your life and freedom hire an experienced San Diego child pornography defense lawyer today. Call us to set up a FREE confidential consultation with the My Criminal Defense legal team.