Child Pornography Defense

Both state and federal law enforcement officials have begun to vigorously prosecute the possession of child pornography.  Individuals who received the illegal pornography are often aggressively prosecuted even though they did not distribute the pornography or contact any live minors. 

In San Diego there is a joint task force between federal and local law enforcement officers to investigate child pornography. Once evidence of a crime has been discovered law enforcement officials determine whether to file charges and if so, whether to file them in state or federal court.

Even if the defendant does not have any criminal history, federal charges can result in a sentence of many years in prison.  For instance, each charge for receipt and/or distribution of child pornography, in violation of 18 U.S.C. § 2252(a)(2), may carry a minimum of 5 years and a maximum of 20 years.  A lesser charge of possession of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. §2252(a)(4)(B) carries a maximum of 10 years in custody.

In California state court, possession of child pornography can be prosecuted as a misdemeanor or felony.  (Penal Code section 311.11).  If it is charged as a misdemeanor, the maximum punishment is one year.  The maximum punishment for a felony is three years in prison.

Congress enacted SORNA and Californian's voted for Jessica's law, both of which increase the severity of the consequences of a child pornography conviction.  Whether possession of pornography is charged in federal or state court, in addition to facing a substantial prison sentence, defendants are often ordered to wear a GPS bracelet, register as a Sex Offender for the rest of his life and stay away from children.   Defendants may be ordered to participate in Sex Offender mental health treatment, submit to polygraphs, submit to searches, and not use computers or the internet.

It is important to have experienced criminal defense counsel available to fight the allegations, move to suppress illegally obtained evidence, or argue for the lowest sentence possible.

If you or a family member is under investigation for possession of child pornography, contact Stacie L. Patterson (619) 269-8074.