What to Do If You’re Charged with Child Pornography Possession
Introduction
Being charged with possession of child pornography in California is a life-altering event that carries severe legal and personal consequences. Even an accusation alone can damage your reputation, jeopardize your career, and cause permanent harm to your relationships. In California, these cases are aggressively prosecuted, and the penalties are harsh—even for a first offense.
If you’re facing such charges, it is critical to understand the legal process, know your rights, and begin building a strategic defense immediately. This article outlines what to expect, what actions to take, and how to protect yourself legally and emotionally through this difficult process.
Understanding Child Pornography Laws in California
California law under Penal Code §311.11 makes it a felony offense to knowingly possess or control any material that depicts a minor engaged in actual or simulated sexual conduct. This includes photos, videos, digital images, or any form of media—whether stored physically or digitally.
Key elements the prosecution must prove include:
- You knowingly possessed or controlled the material.
- The material clearly depicted a minor (under age 18).
- You knew the material depicted minors engaged in sexual conduct.
Convictions can result in up to three years in state prison, mandatory sex offender registration under Megan’s Law, and significant fines. Federal charges may also apply, compounding the penalties.
Immediate Actions to Take After Being Charged
If you’re arrested or learn you are under investigation for child pornography possession, take these critical steps:
- Do not speak to law enforcement without legal counsel. You have the right to remain silent. Anything you say can be used against you in court.
- Hire a qualified criminal defense attorney immediately—preferably one with experience in sex crime and internet crime cases.
- Do not attempt to delete or destroy files. This may be considered obstruction of justice and could worsen your case.
- Secure your devices and avoid further use of any computers or cloud-based accounts that may be involved in the investigation.
Your lawyer will help you navigate the legal process, respond to search warrants or subpoenas, and begin building a defense strategy tailored to the specifics of your case.
