There are a number of ways to violate California’s child pornography laws under Penal Code Section 311. However, there are also a number of defenses that Los Angeles child pornography defense lawyers can use to build a strong defense for an individual charged with child pornography.
If you are under investigation for child pornography or have already been charged, it is imperative that you contact an experienced attorney as soon as possible.
Defenses to Charges of Child Pornography
In order to be convicted of child pornography under California law, the individuals who are portrayed in the pornographic images must be under 18 years of age. Moreover, the accused must also have knowledge that the victim was under 18 years of age. If you did not know that the individual depicted in the images was under 18, it may be a valid defense. Your Los Angeles child pornography defense lawyer may even use expert testimony to establish that the participants were over 18 years old.
Not Aware of the Nature of Obscene Matter
Your lawyer may also use the fact that you did not know or were not aware that the materials in your possession depicted child pornography. If your lawyer uses this as a defense, the burden is on the prosecution to prove that you knew the nature of the content.
Entrapment can be used as a defense if the undercover agent forced you into possessing, distributing, or downloading child pornography.
Illegal Search and Seizure
Your Los Angeles child pornography defense lawyer may also use the defense of illegal search warrants to remove the pornographic content from evidence.
Legitimate Scientific of Education Purpose
If you were using child pornographic content to engage in legitimate activities that are either scientific or educational in purpose, then it may be grounds for a legitimate defense to the charges against you.
Call an Experienced Los Angeles Child Pornography Defense Lawyer
For more information or to schedule a complimentary consultation with Los Angeles child pornography defense lawyers Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.