Fresno Sex Crime DUI Criminal Defense Attorney | Teen Sexting

PC 311.1 Bringing into state matter Depicting Child in Sexual Conduct; Punishment; Exceptions

(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale o distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including but not limited to any film, film strip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, DC-ROM or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or to exhibit to, or to exchange with, others, or who offers to distribute, distributes, or  exhibits to, or exchanges with, others, any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, shall be punished either by imprisonment in the county jail for up to one year, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment in the state prison, by a fine not to exceed ten thousand dollars ($10,000), or by both the fine and imprisonment,

(b) This section does not apply to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses or to the legitimate medical, scientific, or educational activities, or to lawful conduct between spouses.

(c) This section does not apply to matter which depicts a child under he age of 18, which child is legally emancipated, including lawful conduct between spouses when one or both are under he age of 18.

(d) It does not constitute a violation of this section for a telephone corporation, as defined in section 234 of the Public Utilities code, to carry or transmit messages described in this chapter or perform related activities in providing telephone services.

Information about Child Pornography charges.

Who Can Be Charged?

Obviously an adult can be charged for child pornography.  But, a minor can also be charged for child pornography even when they are the willing participant and dissemination of the pornography in question.  A 16 year old female from outside the state of California was arrested for sending nude photos of herself directly to a male in hopes that he would find her attractive.  She has been charged with a violation of this statute.  She is charged as a juvenile for felony possession, reproduction, distribution, solicitation and facilitation of Child Pornography.

What must the prosecution prove to convict a person of a violation of this statute? (PC 311.1)

The elements of PC 311.1 are:

1. The Defendant knowingly sent or caused to be sent or brought or caused to be brought into this state for sale or distribution any matter, representation of information, data or image including, but not limited to any film, film strip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer generated image that contains or incorporates any film or filmstrip, the production of which involves the use of Victim under the age of 18.

2. The victim was personally engaging in or simulating sexual conduct.

3. Defendant had knowledge that Victim was a minor.

4. The defendant acted with the intention of distributing or exhibiting the obscene matter to others.

Charged With Child Pornography?  Arrested for Child Pornography?

If you are arrested or charged with a violation of the California or Federal Child Pornography laws it is a serious accusation that could lead to many years in State and/or Federal Prison.  It is important to have a qualified and educated Criminal Defense Attorney review your case and advise you as to your rights and your options on how to proceed with a quality defense.

Computer, social medial, and digital age crimes include "Sexting"

As of early 2014 California has yet to enact specific anti sexting laws. However, prosecution under 311.1, which may include lifetime registration as a sex offender could occur upon a conviction of 311.1, and sexting could trigger this conviction.

Minor accused of violating this statute

A juvenile accused of a violation of this statute will likely be charged as a minor, which would allow the juvenile court system, with is rehabilitative rather than punitive, in theory at least, to handle the case.  Penalties for juveniles are not as severe as those for adults, but the consequences may still be harsh.

A minor may be incarcerated by in the juvenile facility, have their cell phones seized by law enforcement or education staff, suspended from school (especially under the new mantra of "zero tolerance" which is often trumpeted, but seldom explained in how it differs from any other enforcement policy) and even lose out on college educational opportunities.  The court may also, upon a finding truth of the complaint, impose other conditions such as community service and counseling.

If an 18 or 19 year old adult is caught sexting with a juvenile they could face even more severe penalties:

They may be incarcerated in state prison for a period a period of time that could be years, or with probation, up to one year in county jail.  Fines could be very burdensome.  Be forced to register as a sex offender for life and/or GPS enforced community supervision, residency restrictions that make living in our near a city very difficult by limiting a registered sex offender to residency outside a minimum distance of 2,000 feet from a school, park, or place where minor gather.  They may be restricted from contact with minors, including family members, subject to curfew restrictions, polygraphs, and sex offender treatment programs. Also See: Sexting Blog

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.