In California, the protection of minors from exploitation is a top priority. One of the laws that addresses this concern is California Penal Code 311.6 (PC 311.6), which deals with child pornography. At Inland Empire Criminal Defense, we are dedicated to helping you comprehend this law and the defenses available if you are facing charges.
California Penal Code 311.6: Understanding the Law and Your Defenses
California Legal Definition of Penal Code 311.6 (PC 311.6): “Any person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage medium, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, is guilty of a felony…”
In straightforward terms, PC 311.6 makes it a felony to possess or control any material that contains child pornography. Convictions under this law can lead to severe consequences.
Proving a Case Under PC 311.6
To secure a conviction under PC 311.6, the prosecution must prove the following elements:
- The defendant knowingly possessed or controlled material that contains child pornography.
- The material in question indeed contains child pornography.
Defenses Under PC 311.6
Defending against charges under PC 311.6 requires a comprehensive strategy. Here are four examples of defenses tailored to this law:
- Insufficient Evidence – In some cases, the prosecution may not have enough evidence to prove that the material in question contains child pornography. A skilled defense attorney can challenge the evidence and argue for reasonable doubt.
- Mistake of Fact – If the defendant genuinely believed they were not in possession of child pornography, it could be a valid defense. This defense hinges on demonstrating that the defendant made an honest mistake and lacked the requisite knowledge.
- Violation of Your Rights – Defending against charges under PC 311.6 may involve challenging the legality of how the evidence was obtained. If your rights were violated during the search and seizure process, the evidence against you may be suppressed.
- Reasonable Belief as to Consent – In some situations, individuals may have received explicit material they believed was consensually shared. Demonstrating that you reasonably believed the content was consensual can be a viable defense strategy.
While these are four examples of defenses, it’s important to note that there are other potential defenses depending on the specifics of your case. Consulting with an experienced attorney is essential to building a robust defense tailored to your situation.
Additional Defenses for PC 311.6
Beyond the four examples mentioned, other defenses can be utilized in cases involving PC 311.6:
- Reasonable Mistake as to Age – If you genuinely believed that the individuals in the material were of legal age, this could be a defense. However, proving that your belief was reasonable is essential.
- Intoxication – In some situations, individuals may claim that they were intoxicated when they obtained or possessed the material, and they lacked the requisite intent. This defense can be complex and requires a strong legal strategy.
- False Accusations – In rare cases, false accusations of possessing child pornography may arise from personal vendettas or misunderstandings. A thorough investigation can help uncover the truth.
- Entrapment – If law enforcement agents induced you into possessing child pornography when you wouldn’t have done so otherwise, it may constitute entrapment, which can be a defense.
Inland Empire Criminal Defense: Your Legal Advocate
At Inland Empire Criminal Defense, we understand the intricacies of California’s laws, including those related to child pornography. If you are facing charges under PC 311.6, it’s crucial to have a legal advocate who will tirelessly defend your rights and future.
Don’t let accusations define your life’s trajectory. Act promptly and decisively. Call Inland Empire Criminal Defense—your trusted Rancho Cucamonga Criminal Defense Attorney—at 909-939-7126. Secure legal representation that is well-versed in California criminal law and dedicated to protecting your freedom. Our office is conveniently located in Ontario, ensuring we’re accessible when you need us most.