Perez Hilton Tweets Upskirt Photo Of 17-Year-Old Miley Cyrus; Cyrus Will Not Press Charges – California Penal Code Section 311.3(A), (B)(5)

On June 13, 2010, popular blogger Perez Hilton tweeted a picture that appeared to show 17-year-old  exiting a car while not wearing underwear. Under applicable law, a question arises as to whether Hilton may be liable for distributing child pornography.

In California, Penal Code section 311.3(a), (b)(5) criminalizes the distribution of an image that depicts the pubic or rectal region of a minor for the purpose of sexual stimulation. A first offense for distribution of child pornography is a misdemeanor and defendants may be punished by up to a $2,000 fine or up to a year in jail. Subsequent offenses may be charged as felonies and expose the defendant to incarceration in state prison. Under Penal Code section 290, a sex offense conviction requires that defendant register as a sex offender.

As of June 18, 2010, prosecutors have declined to press charges against Perez Hilton. On June 18, Cyrus stated that she will not pursue legal action against Hilton.

A conviction for a sex crime is a serious offense that may not only expose you to incarceration, but registration as a sex offender. At Wallin & Klarich, we have over 40 years defending a variety of criminal cases, including sex offenses. Call us today at (888) 280-6839. We will be there when you call.