Child Pornography Attorney in Los Angeles

Facing Child Pornography Charges? Get 75 Years of Combined Defense Experience.

Child pornography accusations in Los Angeles can put your freedom, career, and reputation at stake. At Stein & Markus, we bring over 75 years of combined criminal defense experience to your case, including the perspective of a former Los Angeles criminal prosecutor with 33 years of experience.

Being accused is not the same as being convicted. You have the right to remain silent and to consult counsel before answering substantive questions from investigators. Early legal advice can affect how communications with law enforcement, device searches, and charging decisions are handled. We represent clients from the first investigative contact through state or federal proceedings.

Call (562) 512-7030 or reach out online for a confidential consultation. ¡Hablamos español!

Understanding Child Pornography Laws in California

California law addresses visual depictions of minors involved in sexual conduct primarily under Penal Code (PC) § 311.11 and PC § 311.2. The law covers conduct ranging from possession and control to distribution and production, and the precise charge matters when building a defense.

• PC § 311.11 (Possession/Control): This statute makes it a crime to knowingly possess or control any matter, representation, data, or image depicting a person under 18 engaging in or simulating sexual conduct. Under California law, subdivision (a) is a felony. The penalty provisions differ depending on the presence of aggravating factors, prior convictions, and other circumstances specific to the charge.
• PC § 311.2 (Distribution and Related Conduct): This statute contains multiple provisions addressing distribution, sending, transporting, or possessing with intent to distribute such material, including sharing via email, peer-to-peer networks, or other electronic means. The classification and penalty depend on the specific subsection charged and the alleged conduct. These cases often overlap with federal statutes (18 U.S.C. § 2252), which apply when alleged conduct involves interstate or foreign commerce, including computer-based transmission. Our Los Angeles porn attorneys represent clients facing charges in both state and federal courts.

Digital Evidence & Seizure

Many child pornography cases begin with the seizure of computers, phones, or digital storage devices. Digital evidence may also include cloud accounts, application data, metadata, internet activity records, and forensic reports. We examine the legality and scope of the initial search and seizure under the Fourth Amendment, along with the connection between the accused and the relevant device, account, or file.

Penalties for Child Pornography Charges in California

A conviction for child pornography offenses in Los Angeles carries serious direct penalties. The precise exposure depends on the charged statute, subsection, alleged conduct, number and nature of files, prior record, and whether the matter proceeds in state or federal court.

• Possession/Control (PC § 311.11): Under California law, subdivision (a) possession is a felony. The statute specifies different punishment ranges for ordinary conduct, prior convictions, and listed aggravating factors. One aggravating provision addresses cases involving more than 600 images together with at least 10 images depicting a prepubescent minor or a minor under 12, as well as a separate factor involving sexual sadism or sexual masochism. Sex offender registration is required in connection with qualifying convictions.
• Distribution and Related Conduct (PC § 311.2): The classification and potential prison term depend on the specific subsection charged. Some subsections are designated felonies; others carry different classifications depending on the alleged conduct. Sex offender registration applies to qualifying convictions under specified subsections.
• Federal Charges (18 U.S.C. § 2252): Federal exposure can include substantial prison terms, with the applicable range depending on the subsection and any prior convictions. Federal cases may be prosecuted in federal court and can carry mandatory minimum sentences that differ significantly from state exposure.

A conviction can also carry consequences beyond imprisonment. Those consequences depend on the specific conviction, statutory subsection, prior record, and applicable tier under California’s Sex Offender Registration Act.

• Sex Offender Registration (PC § 290): California Penal Code section 290 identifies section 311.11 and specified section 311.2 convictions as registerable offenses. California organizes registration duration into tiers. Tier-one cases carry a minimum 10-year registration period; tier-two cases carry a minimum 20-year period; tier-three circumstances can require lifetime registration. The applicable tier depends on the offense, conviction, and individual circumstances, not on the charge name alone.
• Digital Device Issues: Computers, phones, and storage devices may be subject to seizure, retention, or forfeiture as part of a criminal proceeding. The scope of those issues requires case-specific legal review.
• Employment and Professional Licensing: A conviction can affect employment, professional licenses, and housing. The impact depends on the person’s circumstances, the governing licensing rules, and the nature of the conviction.
• Immigration Consequences: Non-citizens may face serious immigration consequences, including removal proceedings. The effect depends on the specific conviction and the individual’s immigration status and history.

The California Defense Process for Digital Sex Crime Charges

Defense work can begin when a search warrant is served or investigative contact occurs. We use our former-prosecutor insight to evaluate the investigation, evidence, and charging strategy in matters that may proceed in Los Angeles Superior Court Criminal Division or the Central District of California.

• Response to Searches and Questioning: We offer 24/7 availability to advise clients during police searches and questioning before they make substantive statements to investigators.
• Challenging the Search Warrant: We scrutinize the search warrant affidavit used to seize your electronics. When supported by the facts and law, we may file a motion to suppress under Penal Code § 1538.5 based on a lack of probable cause, an overbroad warrant, or police conduct that exceeded the warrant’s scope. Suppression can limit the digital evidence available to the prosecution.
• Digital Evidence Review: We scrutinize the government’s forensic conclusions, including file metadata, origin and transfer history, and evidence of remote access or malware. Defense issues can also include lack of knowledge, lack of possession or control, unreliable device attribution, and overbroad warrant execution.
• Negotiation and Mitigation: We use the legal and technical weaknesses we identify when negotiating with the appropriate prosecuting office. The available options depend on the charges, evidence, criminal history, court, and legally available resolutions.