Sexually based allegations involving illegal online images are among the most severe criminal charges in California. When facing investigation or charges related to digital media involving children, it is essential to understand California laws regarding child pornography possession vs. distribution in Orange County.

Although California’s strict child pornography laws may apply to both types of conduct, the allegations, penalties, and defenses can vary based on how prosecutors choose to charge the conduct. These crimes are investigated aggressively by law enforcement, involve complex digital evidence, and carry severe penalties. Consult with a knowledgeable child pornography attorney to understand the specific allegations involved.

Child Pornography Laws Explained

California criminal law prohibits several types of conduct involving sexually explicit images of minors. These crimes are typically prosecuted under California Penal Code §311.11, relating to possession of child pornography, and California Penal Code §311.3, prohibiting the production, distribution, or transportation of illegal material.

While both of these statutes fall under California’s child pornography laws, they contain different elements that prosecutors must prove. Prosecutors typically allege someone possessed illegal images when they knowingly had control over the material. Distribution typically means that prosecutors will allege the person shared or transmitted illegal images or made them available to others.

In Fiscal Year 2024, 1,375 cases reported to the United States Sentencing Commission were for child pornography. This marked a 34.4% increase from Fiscal Year 2020. The average sentence for those charged was 115 months.

Possession of Child Pornography

Allegations of possession of child pornography typically arise when law enforcement discovers illegal images on a computer, smartphone, or digital storage device. Prosecutors must typically prove that a person knowingly possessed or controlled the media. Examples of digital evidence used to support charges of possession include files saved on:

• Desktop or laptop computers
• Smartphones or tablets
• External hard drives or flash USB drives
• Cloud storage systems or internet accounts

Digital storage devices can hold thousands of files that most users may never know are on their devices. Some files, like temporary Internet files, may even be downloaded without a user’s knowledge. Understanding how and when files are downloaded to a system can be important.

Individuals who share digital devices with other people may also lack knowledge about certain files downloaded on the device. Defense strategies in these types of cases often focus on whether the accused person knew that certain files were on the device and could be accessed.

Child Pornography Distribution

Distribution allegations involve sharing or posting illegal images or videos. Prosecutors may try to prove that an individual sent, uploaded, or otherwise made illegal files available to someone else. Distribution of pornography is commonly alleged to occur when investigators claim files were shared via peer-to-peer networks, email, messaging apps, or internet forums.

Police may even pose as other users on file-sharing programs to investigate these crimes. Often, investigators track file-sharing activity and note the IP addresses of those seemingly sharing specific files.

Proving that someone intentionally shared a file on a peer-to-peer network can be difficult. Some applications will automatically make files available to other users after they download them, without the user fully understanding the functions of the program.

Defense Strategies in These Crimes

Defense strategies vary greatly based on the specifics of each individual case. Attorneys handling these types of allegations will thoroughly review the facts and evidence to determine if the investigation was conducted appropriately and whether the person’s legal rights were violated. Many defenses focus on the technical aspects of downloading files.

Digital forensics professionals can analyze digital media and testify about how files were downloaded to the system and whether it would have been apparent to a user that certain files existed on the computer.

Defense attorneys also scrutinize police investigations to make sure officers respect constitutional rights. For example, the Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Evidence obtained as a result of an unconstitutional search or seizure may be thrown out at trial.

FAQs

What Is the Legal Difference Between Possession and Distribution of Child Pornography in Orange County?

Intent is the primary difference between these two types of charges. Possession generally means that a person knowingly had illegal videos or images saved onto their computer or electronic account. Distribution means spreading the files to others via the internet or other electronic means. This might mean circulating the files through things like file-sharing setups or messaging apps. Distribution charges are typically the result of using file-sharing programs.

What Penalties Apply to Possession Versus Distribution Charges Under California Law?

Possession is typically charged under California Penal Code § 311.11. Distribution would be charged under California Penal Code § 311.3. Penalties for possession charges may be less severe than distribution charges. While possession of illegal images can be charged as a felony offense, distribution charges typically result in longer prison terms if convicted. Defendants can also face fines, probationary terms, and sex offender registration.

What Defense Strategies May Be Available in Child Pornography Possession Cases?

Defenses against a child pornography possession charge can depend on whether the defendant knew they possessed illegal material. Your attorney will want to know if the illegal material was downloaded intentionally or found in a temporary internet folder. It’s possible that more than one person had access to the same computer or network in some circumstances, which can raise concerns about who really downloaded or watched the content.

How Can an Experienced Orange County Defense Attorney Challenge Distribution Allegations?

Experienced criminal defense lawyers can challenge whether the defendant distributed the files or if a program configured on the computer automatically distributed the files to peer-to-peer networks. Defense attorneys also scrutinize search warrants, digital forensics, and how police tracked you down. Felony cases are typically tried in Orange County at the Central Justice Center, located at 700 W Civic Center Dr, Santa Ana, CA 92701.

Hire a Child Pornography Lawyer

If you have been charged with child pornography, contact The Law Offices of Jacqueline Goodman right away. We can help you in your child pornography case.