Law Offices of Erik Steven Johnson

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408-246-3004

247 N. Third Street, San Jose, CA 95112

San Jose Child Pornography Defense Lawyer

san francisco child porn defense lawyer

Criminal Attorney Defends Clients Against Child Porn Charges in Palo Alto and Santa Clara County

Child pornography, which refers to the visual depiction of sexual conduct involving minors under the age of 18, is a serious criminal offense. Child pornography crimes are prosecuted severely. Offenders will be required to register as sex offenders, pay hefty fines, and fulfill lengthy prison sentences. Once out of prison, offenders may not be permitted to live near schools or work in certain occupations. Oftentimes, individuals download pornographic files that—unbeknownst to them—contain some child pornography. These individuals may then be arrested for possession of child pornography, and it will be up to the court to decide if the defendants did not know that the files they downloaded contained child pornography.

If you are being charged with child pornography, contact the Law Offices of Erik Steven Johnson. Attorney Erik Johnson will use every defense method at his disposal to fight for you. He has successfully defended clients for over 10 years and brings skill and commitment to every case.

California Laws Regarding Child Pornography

There are several laws on the possession, sale, production, and distribution of child pornography. Although there are no specific state laws on viewing child pornography, merely downloading a file that contains child porn can be regarded as possession of child pornography.

  • Penal Code section 311.1: It is illegal for any individual to knowingly send, possess, or distribute images, films, photographs, videos, videotapes, or any other materials that visually depict individuals under the age of 18 engaging in or simulating sexual conduct. The offender may be punished with a jail term of up to one year, by a fine of up to $1,000, or by a fine of up to $10,000.
  • Penal Code section 311.2(b): If, for the purpose of commercial consideration, an individual sends or brings into California for sale or distribution materials that depict persons under the age of 18 performing sexual conduct, the individual will be guilty of a felony. The offender will be punished by a prison term of up to two, three, or six years and/or by a fine of up to $100,000.
  • Penal Code section 311.2(c): It is unlawful for an individual to send or bring into California materials that depict individuals under the age of 18 engaging in or simulating sexual conduct with the intention of showing or exchanging the materials with another person who is over the age of 18. The offender may be punished by imprisonment in jail or state prison for up to one year and/or by a fine up to $2,000.
  • Penal Code section 311.3: Any person who knowingly develops, prints, duplicates, or exchanges any materials that depict a person under the age of 18 engaging in sexual conduct is guilty of sexually exploiting a child. This offense is punishable by a fine up to $2,000 and/or up to one year in jail.
  • Penal Code section 311.4(a): If an individual knows, or should reasonably know, that a minor who he or she hires or uses to send, distribute, or publish materials that depict individuals under the age of 18 engaging in sexual conduct, that individual will be jailed for up to one year in either the county jail or state prison. In addition, the individual may be fined up to $50,000 among other penalties.
  • Penal Code section 311.4(b): Any person who knowingly (or should reasonably know) employs, uses, or coerces a minor under the age of 18 to engage in the production of certain materials that contain sexual conduct by an individual under the age of 18, for commercial reasons, is guilty of a felony. The offender may be punished by a prison term of up to three, six, or eight years.

Offenders may be prosecuted under state laws, federal laws, or both. Federal laws prosecute offenders more heavily—with defendants facing severe penalties. For instance, if an individual is convicted of producing child pornography for the first-time, then he or she can be imprisoned for up to 30 years under federal law (18 U.S.C. § 2251).

Child Pornography Lawyer in Mountain View CA

You can face years, or even decades, in prison if you are convicted of crimes relating to child pornography. Contact the Law Offices of Erik Steven Johnson so our dedicated, skilled attorney can begin fighting for you. Attorney Erik Johnson will strive to get your charges reduced or the most lenient sentence possible for you. Do not be at the mercy of the courts. Call our office today at 408-246-3004, or contact us online. We serve clients in San Jose, Santa Clara County, San Francisco Los Gatos, Saratoga, Palo Alto, and Milpitas.

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