Irvine Child Pornography Defense Attorneys

Sex Crimes Lawyers Representing Defendants Throughout Orange County

The California Penal Code criminalizes the creation, distribution, and possession of child pornography. A conviction under California’s child pornography laws can result in incarceration, fines, and other penalties. That is why it is very important that a person accused of this crime be represented by an attorney who will listen to his or her side of the case and work steadily toward the defendant’s exoneration or a reduction in the charges. Our Irvine child pornography lawyers at the Law Firm of Pilchman & Kay, P.L.C. are former prosecutors who are familiar with the tactics that prosecutors may use to pursue a conviction. We also understand that it is the State’s job to prove guilt beyond a reasonable doubt, and it is the job of our firm to fight back against that effort at every stage of the process.

Definition of Child Pornography Under California Law

The primary statute governing the offense of child pornography in California is Penal Code § 311 et seq. Under this statute, the State has the burden of proving that the accused knowingly possessed, distributed, produced, duplicated, published, or distributed child pornography. To qualify as “child pornography,” the material in question must involve a person who was under the age of 18. Additionally, the minor must have been either participating in sexual conduct or simulating sexual conduct.

Although child pornography can take many forms, such as print or video, many cases today are prosecuted based on transactions that take place over the internet. It is not uncommon for law enforcement officials to pose as would-be purchasers of child pornography in an attempt to locate and expose people who distribute illegal material online. Officers may also set up decoy websites or pose as minors in chat rooms.

Fighting Charges of Child Pornography

Child pornography is considered a “sex crime” under California law and carries stiff penalties. In addition to incarceration for up to six years and fines of up to $2,500, a person who is convicted of the crime of child pornography must register as a sex offender pursuant to California’s Megan’s Law. Although registry as a sex offender has been a requirement under state law for decades, information that was once available only by visiting a law enforcement office can now be viewed online by the general public. The registry states that Megan’s Law is not intended as a form of punishment, but a convicted sex offender who must register on it faces reputational harm and often social isolation. Although it is sometimes possible to have one’s name removed from the public registry at some point in the future, it is a difficult, expensive, and uncertain process.

A defendant has a constitutional right to defend him or herself against the charges brought by the State.

In a child pornography case, common defenses include:

  • The defendant did not know that the person depicted in the material was a minor
  • The material was being used for an educational purpose
  • The defendant was entrapped by law enforcement officials

In order to prevail on a defense of entrapment, an accused person has the burden of proving that a law enforcement officer engaged in conduct that would cause a normally law-abiding person to commit the crime. Behavior that may in some circumstances be construed as entrapment includes repeated and insistent requests, badgering, or appeals to the defendant’s sympathy.

Retain a Knowledgeable Child Pornography Lawyer in Orange County

If you enlist the Law Firm of Pilchman & Kay, P.L.C., our team of knowledgeable Irvine criminal defense attorneys can help you understand the charges you are facing and the steps that the State must take in order to secure a conviction. Together, we can investigate your case and explore all possible avenues of defense.

To schedule a free appointment, call us at (949) 558-0042 or contact us online. We serve residents throughout Orange County and the surrounding areas.

A Winning Combination of Legal Abilities

  • We are backed by over 30 years of experience.
  • We have handled thousands of criminal defense cases.
  • We are fully certified by the State Bar of California.
  • We have repeatedly resolved cases during pre-trial.
  • We are backed by a professional background in prosecution and medical board defense.

Start Building
Your Defense Today

Learn how our proven Irvine criminal defense lawyers can help you.

  • Please enter your name.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • This isn't a valid email address.
    Please enter your email address.
  • Please make a selection.
  • Please enter a message.