Will I Go To Jail If I Am Charged With Distribution of Child Pornography? (California Penal Code Section 311.1(A))

You recently uploaded pornographic images to a free adult-oriented website. At the time, you suspected that the persons depicted in the images may have been under 18 years of age, but decided to upload the images anyway. Now, you are being charged with distribution of child pornography in violation of California Penal Code section 311.1(a). If convicted, will you face any jail time?

What is distribution of child pornography?

In California, child pornography is defined as any material that depicts a minor engaging in or simulating sexual conduct.

California Penal Code section 311.1(a) punishes any person who “knowingly send[s] or cause to be sent” any form of child pornography. This includes, but is not limited to, the following forms:

•    CD-ROM;

•    Computer software;

•    Filmstrip;

•    Videotape;

•    Photo; OR

•    Floppy Disk.

In the scenario above, you may be convicted of distribution of child pornography if the prosecutor can prove two things. First, the prosecutor must prove that you knowingly uploaded the pornographic images to the adult-oriented website. Second, the prosecutor must prove that you knew that the person(s) depicted in the uploaded images were under 18 years of age.

What is the punishment for distribution of child pornography?

California Penal Code section 311.1(a) states that distribution of child pornography may be charged as a misdemeanor or felony offense. If you are convicted of misdemeanor distribution of child pornography, you will face up to 1 year in county jail and up to $1,000 in court fines. If you are convicted of felony distribution of child pornography, you will face up to 3 years in state prison and up to $10,000 in court fines.

California Penal Code section 311.2(a) states that you will be charged with misdemeanor distribution of child pornography if this is your first offense related to the distribution of child pornography. Thus, in the scenario above, you may face up to 1 year in county jail if this is your first offense related to the distribution of child pornography.

If you are convicted of distributing child pornography, you will also be required to register as a sex offender under California Penal Code section 290(c).

Uploading child pornography to an adult-oriented website may also lead to federal charges under 18 U.S.C. Sec. 2251. If you are convicted under 18 U.S.C. Sec. 2251, you may face up to 40 years in federal prison.

What Wallin & Klarich can do for you?

The experienced attorneys at Wallin & Klarich have been successfully defending clients charged with distribution of child pornography for over 40 years. Due to our decades of experience, we can help you raise any legal defense to an accusation of distributing child pornography. We will aggressively defend you from the first day you retain our office in order to help you stay out of jail. When you are accused of distributing child pornography, there is too much at stake to entrust your legal representation to anyone other than an experienced Wallin & Klarich child pornography defense attorney.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.