CA Penal Code 311 Tag

New Bay Area scam targeting chat room users with threats of Criminal Prosecution for Child Pornography (CA Penal Code 311)

Since January 2017, Summit Defense Criminal Attorneys has received numerous calls from terrified individuals who describe essentially an identical fact pattern: After a brief encounter with an another individual in a chat room and an unsolicited sexual photograph, they receive a call from an irate father who claims either an accident or medical treatment for their minor child.  The calls is accompanied with demand for funds and a threat to contact the authorities for sexual contact with a minor or possession of child pornography (CA Penal Code 311). Naturally, this produces extreme anxiety and several callers have informed us that they have...

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San Francisco Sheriff Denies Home Detention After Child Porn Conviction (CA Penal Code 311)

San Francisco Sheriff denies Home Detention After Child Porn Conviction In a far too common turn, Enrique Pearce’s sentencing for possession of Child Pornography (CA Penal Code section 311) was delayed because the San Francisco Sheriff declined to accept Mr. Pearce into it’s home detention program.  While the Sheriff may deny anyone from the home detention program, Bay Area Sheriff departments routinely will deny those convicted of offenses involving minors from home arrest.  To be clear, home arrest allows a defendant to work but demands HOME ARREST at all other times.  Prosecutors, under pressure from public outcry, and now the Sheriff’s office...

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Distribution of Child Pornography Conviction in California

33-year-old Peter Ruiz of San Bernardino has been sentenced to 25 years for the creation, production, and distribution of child pornography.  Ruiz filmed his abuse of three young boys living in his neighborhood and then traded and sold the images online.  When area law enforcement officials raided his computer this past Halloween, they found over 6,000 pornographic images of children in addition to approximately 600 videos of the same type. Possession of child pornography may be considered either a misdemeanor or felony in California, depending on the particular circumstances of a client’s case (CA Penal Code, §311-312.7).  However, the federal government...

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