Bakersfield Child Pornography Attorney

What is Considered Child Pornography?

Under California Penal Code §311, child pornography involves any visual depiction—whether a photo, video, or digital image—that shows a person under 18 years old engaged in or simulating sexual conduct.

You can face criminal charges for various activities involving such material, including:

• Possession: Having any image or video that meets the legal definition of child pornography on a computer, phone, storage device, or cloud account.
• Distribution: Sending, sharing, posting, or forwarding images to others through text, email, or online platforms.
• Production: Taking or creating sexual images or videos of minors.
• Advertising or promoting: Soliciting or arranging to distribute such material, even if you didn’t produce it yourself.

Importantly, you don’t have to create the material to face serious charges. Simply downloading or viewing illegal content—even inadvertently—can trigger an investigation or prosecution.

Child Pornography Penalties in California

California law imposes harsh penalties for any child pornography offense. The severity depends on the alleged conduct, prior criminal history, and whether the case is prosecuted in state or federal court.

Possession (Penal Code §311.11)

• Misdemeanor (first offense): Up to 1 year in county jail and/or fines up to $2,500.
• Felony (aggravated or repeat offense): 16 months, 2 years, or 3 years in state prison, and fines up to $10,000.

Distribution or Transportation (Penal Code §311.2)

Usually charged as a felony, punishable by up to 6 years in prison per image or video.

Production or Creation (Penal Code §311.1)

Considered one of the most serious child pornography crimes. Convictions can result in up to 8 years in state prison, plus significant fines.

Sex Offender Registration

Almost all convictions under California’s child pornography laws require mandatory sex offender registration under Penal Code §290. Registration can last for 10 years, 20 years, or for life, depending on the offense. This requirement can drastically affect housing, employment, and personal relationships.

In addition to these state penalties, federal child pornography charges—under laws like 18 U.S.C. §§2251–2252A—can lead to even harsher consequences, including mandatory minimum sentences and federal prison terms that often exceed 10 years.

Legal Defenses to Child Pornography Charges

Even when the evidence seems overwhelming, there are numerous ways an experienced Bakersfield child pornography lawyer can challenge the prosecution’s case. At Humphrey & Thompson, we carefully examine every aspect of the investigation to identify procedural errors, constitutional violations, and factual weaknesses. Common defenses include:

• Lack of Knowledge or Intent: To convict, prosecutors must prove you knowingly possessed or viewed the material. If someone else used your computer, hacked your account, or sent files without your consent, this defense could apply.
• Illegal Search and Seizure: Many cases involve digital evidence obtained through questionable search warrants or improper surveillance. If police violated your Fourth Amendment rights, we can move to suppress the evidence, potentially leading to dismissal.
• Insufficient Evidence: Digital forensics are complex, and sometimes data can be misinterpreted or fabricated. For example, automatic downloads, shared network drives, or cached web data can create false appearances of possession.
• Entrapment: Law enforcement sometimes uses undercover operations online. If you were coerced or pressured by police into committing a crime you otherwise would not have, entrapment could be a valid defense.
• Mistaken Age: In rare situations, defendants may not have realized the person depicted was underage, particularly in cases involving manipulated or mislabeled images. Demonstrating lack of knowledge of the subject’s age can be a viable defense in certain contexts.
• Technical or Forensic Errors: Digital evidence must be handled according to strict forensic protocols. Improper handling, incomplete chain of custody, or unreliable software analysis can create reasonable doubt.

Every case is unique, and the right strategy depends on the facts, digital evidence, and how law enforcement conducted its investigation. Our team at Humphrey & Thompson uses advanced digital experts and investigators to ensure your defense is thorough and strategic.

Child Pornography FAQs

Can I be charged for simply viewing images online?

Yes. Even viewing or downloading illegal material—without saving it—can lead to charges if prosecutors can prove you intentionally accessed it.

What if I didn’t know the person was under 18?

If you reasonably believed the individual was an adult, this could serve as a partial defense, though courts carefully scrutinize such claims.

Can child pornography charges be expunged?

Felony convictions involving child pornography typically cannot be expunged, especially if they require sex offender registration. However, certain misdemeanor cases may qualify under limited circumstances.

What happens if the images were sent to me unsolicited?

If you did not request or knowingly save the material, that can be a strong defense. Intent is a critical element in these cases.

Should I speak to law enforcement if I’m under investigation?

No. Always exercise your right to remain silent and contact a Bakersfield child pornography attorney immediately. Anything you say can be used against you.