Possession of illicit/obscene pornographic materials
Possession of illicit or obscene pornographic material may lead to criminal charges most often filed in connection with child pornography. In other cases, a distributor may be charged with violating a community’s standards of decency or with violating federal pornography statutes.
Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing pornography charges and other charges in connection with illicit images. It’s been more than 30 years since Hustler Publisher Larry Flynt’s groundbreaking legal battles over obscenity laws.
The Internet has lead to an explosion in such charges, particularly as it relates to child pornography. But the digital world has also ushered in an age where it’s much more difficult to allege a violation of a community’s decency standards. Still, much of the pornography industry is headquartered in Southern California. And, when legal compliance issues arise, our firm works with distributors and others to mount an aggressive defense against such charges.
By some estimates, more than 200 pornographic films are made in the United States every week.
Child Pornography Charges in Southern California
State and federal laws against illicit and obscene material are most often invoked as it relates to images that depict subjects of questionable age. Because felony charges may be sought for each image in question, these cases are typically very serious. In some cases, improperly complying with reporting requirements as they pertain to modeling agencies, producers and photographers may also quickly result in serious legal problems.
California Penal Code 311.3 and 311.11 prohibit the possession or distribution of child pornography. The law also forbids the “sexual exploitation of a child.”
Federal charges are also often filed in such cases because the images typically cross state lines, either through means of electronic or traditional publishing.
Still, depiction of nudist children, or naked children without the intent of sexual arousal, is not against the law.
When allegations of underage depiction are not present, publication of hardcore pornography is only illegal under federal law, and then only it the Miller test of obscenity is met. Still, tolerance varies widely on a city-by-city and state-by-state basis.
In other cases, voyeurism or photographs or video of celebrities in compromising positions may lead to criminal charges against a defendant or distributor. And in still other cases, sex tourism has led to allegations of illegal sexual activity in foreign countries, which can result in criminal charges upon return to the United States.
Seeking the experienced legal advice of an Orange County criminal defense firm is your best defense at the earliest possible stage of such cases. Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing pornography charges throughout Orange and Los Angeles counties.
If you are facing pornography or obscenity charges in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.
Orange County Criminal Defense – 888-529-2188