Folsom Child Pornography Lawyer

Being accused of a sex crime in Folsom, particularly one against children, can be incredibly frightening. Child pornography is one such offense where the penalties are extreme and even a baseless accusation can ruin your life. If you’ve been charged with possessing, distributing, producing, or otherwise being involved with child pornography in California, you need adept legal representation – and fast. Your reputation, career, and future could depend on it.

An experienced Folsom child pornography lawyer from Walsh Law is here to help protect your rights, outline your defense options, and create a personalized strategy that uniquely serves your best interests. Life as you know it doesn’t have to end here.

Call (916) 610-3558 or submit an online form to set up a free, confidential consultation about your child porn charges.

What is Child Pornography in California?

Many people assume there must be nude children depicted for a photo or video to be considered child pornography, but California’s laws are broader and more nuanced than that.

According to California Penal Code § 311, the term child pornography refers to any “obscene” material that depicts a person under the age of 18 engaging in any sort of sexual conduct, including simulated sex acts. “Obscene” indicates that the material is offensive in nature and holds no educational, artistic, literary, scientific, social, or political value.

Child Pornography Charges

In California, you could be charged with a child pornography offense for several reasons. Specific child pornography crimes under state law include:

• California Penal Codes § 311.1 and § 311.2 make it a crime to distribute or intend to distribute child pornography, including exchanging, producing, or duplicating child porn to exhibit it to someone else.
• California Penal Code § 311.3 defines the crime of sexual exploitation of a child as knowingly sharing, developing, printing, exchanging, or duplicating child porn in any manner.
• California Penal Code § 311.4 makes it a crime to knowingly hire, employ, entice, coerce, or use a minor to assist in the making of child pornography, or permit a child of whom you are the parent or legal guardian to pose or model alone with others if the posing or modeling involves sexual conduct.
• California Penal Code § 311.10 makes it a crime to advertise child pornography for sale or distribution.
• California Penal Code § 311.11 makes it a crime to knowingly possess or control child pornography in any manner.
  Child pornography can be in the form of physical or digital materials. This includes computer-generated and AI images, data, or videos of a minor engaging in or simulating sexual conduct.

Child Pornography Penalties in Folsom, CA

In California, child pornography can be either a misdemeanor or a felony, but it is almost always filed as a felony. Felony child pornography convictions are punishable by up to three years in state prison. If your charges are only filed as a misdemeanor, the maximum sentence is one year in jail and a fine of up to $2,500.

A few factors can result in higher penalties. For instance, if you have a prior conviction for a child pornography offense, possessed more than 600 images, or possessed child porn depicting someone under the age of 12, you could face up to five years of incarceration. Offenses under California Penal Code § 311.4 can result in a prison sentence as long as eight years.

Federal charges for possessing, receiving, or distributing child pornography can lead to a maximum of 15 years in federal prison for each offense.

Sex Offender Registration

If convicted of a child pornography crime, you must also register as a sex offender in the state of California for at least 10 years after completing your sentence. Depending on the nature of the offense, you may have to register for a lifetime.

Possible Defenses Against Child Pornography Charges

There are many defenses against child pornography charges in Folsom, including lack of knowledge or intent. You could dispute whether you knowingly possessed child pornography or knew that the depicted person was underage. Evidence of your search history could support the fact that you accidentally downloaded the child porn. Without the element that you “knowingly” committed the alleged offense, prosecutors could struggle to prove your charges.

You might also be able to argue that the materials in question do not constitute child pornography under California law. For example, your defense team could demonstrate that the content was intended for educational purposes only.

Ultimately, your case is unique and you need a personalized defense strategy that works for you. That is one of the many reasons why having a lawyer on your side is crucial when accused of a sex crime in Folsom, California.

Child Pornography FAQs

Can I be charged for images I didn’t know were on my computer?

Possibly—but knowledge and intent are essential elements of the crime. If files were downloaded accidentally or without your awareness, a defense lawyer can present this as part of your case.

Can law enforcement track my online activity?

Yes. Police and federal agencies often monitor file-sharing networks, social media, and internet traffic. However, their methods must comply with constitutional search and seizure protections.

What should I do if I’m being investigated?

Do not speak to law enforcement without an attorney. Contact Walsh Law immediately to protect your rights and prevent self-incrimination.

What happens during a child pornography investigation?

When law enforcement suspects possession or distribution of child pornography, they typically execute a search warrant to seize computers, phones, and storage devices. These items are analyzed by digital forensics experts. You may or may not be arrested immediately. It’s crucial to contact a defense attorney right away if you believe you’re under investigation—before speaking to investigators.

Can my home or devices be searched without a warrant?

Generally, no. Police must obtain a valid search warrant from a judge unless an exception applies, such as consent or exigent circumstances. If your property was searched unlawfully, your lawyer can move to suppress the evidence, which may lead to dismissal of the charges.

What if the images were sent to me without my request?

If you didn’t ask for or intend to receive the material, that can be a valid defense. You are not guilty simply because prohibited content was transmitted to you without your knowledge or consent. Quick reporting to authorities or deleting the files can also demonstrate a lack of intent.

Are deleted files still considered possession?

Possibly. Even deleted files can sometimes be recovered by forensic experts. However, if the files were not intentionally kept or were automatically cached by your browser, your attorney can argue you did not knowingly possess the material.

Can I be prosecuted for child pornography found on a work computer?

Yes, but the prosecution must prove you personally had control or access to the device and knew of the illegal content. If multiple people used the same system, that could raise a reasonable doubt about who was responsible.

Reach Out To A Folsom Child Pornography Attorney Today

If you’ve been accused of possessing or producing child pornography in California, you must act fast to protect your rights and reputation. Conviction under the state’s laws is a felony that will undoubtedly affect your life. It is critical that you utilize all the available resources to fight back in court, especially those provided by your defense lawyer.

Folsom child pornography lawyer Chris Walsh can help you preserve your innocence and deliver an effective defense in court when you’re facing serious child sex crime charges.

Contact Walsh Law at (916) 610-3558 now to schedule your free initial case consultation.