If you are convicted of this charge as a misdemeanor, you could be sentenced to upwards of one year in County Jail. If you are convicted of this charge as a Felony, you could be sentenced to upwards of 16 months, two or three years in State Prison. You would also be required, if convicted of this charge as either a misdemeanor or as a felony, to register as a Sex Offender for 10 years as a Tier I Sex Offender.
This is not a Strike offense under the Three Strikes Law. If you only send the matter, but it is not for the purpose of making a commercial gain, then the crime is PC Here, imagine being in a chat room online, and a person from that chat room starts messaging you about their collection of Child Pornography.
You could have never have wanted an interest in it, but this person is persistent. They then indicate they want to send you some photos, you are hesitant, and say no, but after some prodding, you relent.
In that case, you did not engage or begin the conversation, and you certainly were not out patrolling for obscene imagery of children. In a case like that, having the matter forcibly sent to you in that way is not a violation under this section.
These charges are extremely serious, not only because you face the potential of a lengthy prison sentence, but because you would then be required to register as Sex Offender for a decade. Prosecutors are also extremely tough on these crimes because most images come from overseas in the underground sex trafficking market. They are pissed that someone here is taking advantage of that situation, and are wanting to go after any person who participates in the sharing of those images.
It is extremely important to have the right attorney who can review your case, provide mitigating evidence in your favor, and push for the best possible result in your case. I have handled hundreds of Child Pornography cases with positive results, and I can help you or your loved one too. Our PC Call the Inland Empire Criminal Defense today at !
Located in Ontario, CA. You distributed or offered to distribute obscene matter; 2. When the defendant acted, you knew the character of the matter; 3. If there is sufficient evidence that the defendant was engaging in legitimate medical,. See Pen. It is unclear who bears the. In the absence. See People v. Mower 28 Cal. Woodward Marler Cal.
If there is sufficient evidence that the defendant was acting as a law enforcement. It is unclear who bears the burden of proof and what standard of proof. In the absence of statutory authority or case law stating that. Municipal Court. California U. Pope v. Illinois U. See Roth v. United States Bloom v. Municipal Court 16 Cal. Kuhns Kuhns 61 Cal. In re Harris 56 Cal. Heller 96 Cal. McIntire 23 Cal. Goulet 21 Cal. Wisconsin U. Roth v. United States U.
Noroff 67 Cal. Stanley v. Georgia U. Actual Possession. Barnes 57 Cal. It is a felony to advertise for sale or distribution any obscene matter knowing that it.
It is a felony to employ, use, or persuade a minor to engage in or assist others in. Producing child pornography and posting it on the Internet to. Cochran 28 Cal. Neither section Nor do these sections apply to. A telephone corporation see Pub. Neither the prosecution nor the defense is required to introduce expert witness. Justia Legal Resources. Find a Lawyer.
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