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Unpacking California’s Laws on Child Exploitation PC 311.4

When it comes to protecting minors and upholding their rights, California takes a firm stance. California Penal Code 311.4 (PC 311.4) is one such law that addresses child exploitation. At Inland Empire Criminal Defense, we’re committed to helping you understand this law and your rights.

California Penal Code 311.4: What You Need to Know

California Legal Definition of PC 311.4: “Any person who advertises, produces, makes, or duplicates, or transfers, or who advertises for sale any matter or thing, including any book, paper, magazine, print, picture, film, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, or computer floppy disc, or who knowingly possesses with the intent to advertise, produce, make, or duplicate, or transfer, or advertise for sale, any matter or thing, including any book, paper, magazine, print, picture, film, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, or computer floppy disc, and who knows that the matter or thing is child pornography, is guilty of a felony…”

In simple terms, PC 311.4 criminalizes the creation, distribution, and possession of child pornography. The law aims to protect minors from exploitation and abuse, and a conviction can have serious consequences.

Proving a Case Under PC 311.4

To secure a conviction under this statute, the prosecution must demonstrate the following elements:

  1. The defendant advertised, produced, duplicated, transferred, or advertised for sale material that is child pornography.
  2. The defendant knew that the material in question was child pornography.
  3. The defendant possessed the material with the intent to engage in any of the actions mentioned above.

Implications of PC 311.4

Child exploitation is a grave offense, and California’s laws reflect that. The consequences of a conviction under PC 311.4 extend beyond imprisonment and can include registration as a sex offender, fines, and a lasting social stigma.

Inland Empire Criminal Defense: Your Guide to Navigating PC 311.4

At Inland Empire Criminal Defense, we understand the complexities of California’s penal codes, especially when it comes to protecting minors. If you or someone you know is facing charges under PC 311.4, it’s essential to understand the gravity of the situation and the importance of a strong legal defense.

Defending Against PC 311.4 Accusations

  1. Insufficient Evidence: A fundamental defense against charges under PC 311.4 is asserting there’s insufficient evidence to prove you intentionally engaged in producing, duplicating, transferring, or advertising child pornography. For instance, if you were accused of duplicating material, we may argue that the digital footprint evidence is inconclusive, and there’s no definitive link to your personal actions.
  2. Statute of Limitations: PC 311.4 charges are subject to specific time constraints for prosecution. We scrutinize the timeline of the alleged offense to ensure your charge is not barred by the expiration of the statutory period. An example might be if you’re charged years after the alleged incident, and we establish that the prosecution’s window to bring forth the charge has lapsed.
  3. Mistake of Fact: We may present a ‘Mistake of Fact’ defense if you genuinely were unaware that the material in question was of a prohibited nature. For example, if you were given a hard drive with files already on it and had no knowledge of its contents, this defense can be critical for your case under PC 311.4.
  4. Violation of Your Rights: The fourth defense revolves around any violation of your constitutional rights during the investigation or arrest. Should evidence surface that law enforcement conducted an illegal search or seizure to obtain the material in question, we could argue that such evidence should be excluded, potentially dismantling the prosecution’s case. For example, if the police searched your property without a warrant or proper consent, this defense could be applied to your case.

Facing charges under PC 311.4 demands a swift and strategic response. Reach out to legal professionals at Inland Empire Criminal Defense who can navigate these complex defenses to safeguard your rights and future. Don’t delay in seeking legal counsel.

Inland Empire Criminal Defense: Protecting Your Rights

Facing charges related to child exploitation can have a profound and lasting impact. Inland Empire Criminal Defense is dedicated to defending those unjustly accused and safeguarding your rights and future.

Don’t let accusations dictate your life’s course. Act swiftly and decisively. Call Inland Empire Criminal Defense — your trusted Rancho Cucamonga Criminal Defense Attorney—at 909-939-7126. Secure a defender well-versed in California criminal law, committed to fighting for your freedom. Our office is conveniently located in Ontario, ensuring we’re nearby when you need us most.

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Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. If you would like to find out more information about your particular legal matter, contact our office for a consultation.

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