What California’s Sexual Exploitation Law Prohibits
California Penal Code 311.4 prohibits hiring, employing, using, persuading, inducing, or coercing someone under 18 to pose, model, or participate in sexual conduct for pornography. The prosecution must prove the elements of the charged subsection. The nature of the accusation alone isn’t enough.
Section 311.4(a) can be prosecuted as a misdemeanor or felony. Potential punishment includes up to one year in county jail or a fine of up to $2,000. The exact exposure depends on the charge, applicable subsection, and alleged circumstances.
Commercial Sexual Exploitation Allegations
Section 311.4(b) addresses coercing a minor to participate in prohibited conduct for commercial purposes. A conviction under this subsection carries a state-prison sentencing range of three, six, or eight years. Because the statute distinguishes among different conduct, we examine whether the evidence supports the subsection selected by the prosecution.
Sex Offender Registration Concerns
California uses a tiered sex offender registration system. Tier 2 registration generally lasts 20 years, while Tier 3 registration is generally for life. Whether registration applies, and which tier governs, depends on the specific conviction and applicable California law. These consequences must be evaluated against the precise charge, not assumed from the allegation alone.
Investigating Digital Evidence & Prosecution Claims
Our defense analysis begins with what the prosecution must prove, including knowledge, intent, identity, and the conduct prohibited by the charged statute. We compare those requirements with witness accounts, communications, device records, and the circumstances surrounding the investigation. An allegation doesn’t relieve the government of its burden to establish every required element.
We work with a licensed private investigator who’s a former Los Angeles Police Department officer. The investigation can uncover factual inconsistencies, identify relevant witnesses, and develop information absent from the initial police account.
Digital-evidence review may address:
- Collection: How investigators obtained data from phones, computers, accounts, or storage media
- Preservation: Whether the original material and associated records were maintained reliably
- Attribution: Whether the prosecution can connect a device, account, or communication to the accused
- Chain of custody: The documented history showing who possessed and handled evidence from seizure through court presentation
We also examine search warrants and challenge them when the facts and law support doing so. That review can address the basis presented to the issuing judge, the warrant’s scope, and whether officers remained within its authorized limits. Device seizures and searches may occur during an investigation before formal charges are filed.
Intent, Identity & Entrapment
Messages or files can be incomplete, taken out of context, or attributed to the wrong person. Ownership of a device alone doesn’t necessarily establish who created, accessed, or transmitted particular material. We assess the complete evidentiary record before determining which factual and legal challenges fit the case.
Entrapment concerns whether law enforcement improperly induced someone to commit an offense instead of merely providing an opportunity to break the law. Undercover communications don’t automatically establish entrapment, but the government’s conduct and the sequence of events may require close examination.
Criminal Proceedings at the Torrance Courthouse
A California sex crime matter may progress from an investigation to an arrest or filed charge, followed by arraignment, pretrial hearings, motions, negotiations, and possibly a jury trial. At arraignment, the accused hears the formal charge and enters a plea. The order and timing can vary based on custody status, investigative activity, and issues raised before trial.
The Torrance Courthouse serves as the Superior Court of Los Angeles County, Southwest District courthouse for criminal matters within its jurisdiction. We represent clients there daily, giving our attorneys practical familiarity with its criminal proceedings.
We pursue reduced charges or alternative sentencing when the law and circumstances make those options appropriate. We may also file pretrial motions addressing evidence or law enforcement conduct. We prepare each case for a negotiated resolution while remaining ready to proceed to a jury trial when necessary.
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I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
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Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
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If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!- Jake L.
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They are the gold standard for defense attorneys. A+- Former Client
Discuss the Allegation Directly with an Attorney
A prompt consultation allows us to understand the investigation, identify immediate concerns, and explain the next stage of the criminal process. Ernenwein & Mathes, LLP offers free, confidential initial consultations for people facing sexual exploitation allegations.
Our clients receive direct communication lines and cell phone numbers for their attorneys, allowing the lawyers responsible for the defense to address questions and new developments.
Call (310) 361-3068 to request your free, confidential consultation with our Torrance criminal defense attorneys.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-361-3068 today!
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Should I Hire A Torrance Juvenile Attorney For My Child?
Absolutely.
The right counsel can help you avoid pitfalls that may arise in the case, such as the juvenile court’s determination that the case is serious enough (i.e., felony) to justify your child being charged and tried as an adult. If your child is tried as an adult, his or her case is moved to adult criminal court, and if convicted, may go to prison with adult offenders.
The defense lawyers at Ernenwein & Mathes, LLP, have handled over 1,000 juvenile cases over the course of their combined 60 years of experience. We will make every possible effort to allow your child to remain in juvenile court. We can attend your child’s fitness hearing, where the court makes the decision regarding whether to try your child as an adult or a juvenile. Psychiatric reports, probation reports and legal arguments can be arranged to help convince the juvenile court to retain its jurisdiction over the minor.
As Robert Ernenwein is a former Los Angeles deputy district attorney, the lawyers at Ernenwein & Mathes, LLP, know the criminal process inside out, giving them a distinct edge when they represent you in court. They are well-respected and well-known by Los Angeles prosecutors and judges.
If your child has been charged in a criminal case, contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at (310) 361-3068 for a free case review.
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What Kind Of Punishment Will My Child Received If She Or He Is Convicted?
Generally, punishments fall into four different categories. First, your child may be sent home on probation. Second, the juvenile may be sent to a placement facility within the community, such as a boys’ or girls’ home. Third, the juvenile may be sent to a camp facility. The camp may be a short-term camp and last as little as four months or as long as 12 months. Finally, your child may be sent to DJJ, which is a juvenile version of an adult state penitentiary.
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If My Child Is Convicted, Will The Conviction Remain On His Criminal Record?
If you hire us, we will try to get your child’s case deviated out of the criminal justice system through deferred entry of judgement or to seek informal probation with dismissal or a dismissal after formal probation. If we can secure these as conviction/sentencing options, the offense will not go on his or her criminal record. If a plea of no contest or conviction occurs in a case, the record can be sealed after the juvenile’s 18th or 21st birthday.
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My Child Has Been Taken Into Custody. What Can He/She Be Charged With?
Depending on the seriousness of the charged offense, the prosecutor can file either misdemeanor or felony charges. If a minor is convicted of a misdemeanor, he will be placed on probation, detained in a juvenile facility, such as a boot camp or a ranch, ordered to pay a fine or a combination of these punishments. If the minor is convicted of an infraction, such as a motor vehicle violation, he or she will usually be punished with a fine.
However, the minor will face much more severe consequences if he is convicted of a felony. The court may sentence to incarceration in a state institution, such as the Division of Juvenile Justice (DJJ), which is the equivalent to a state prison sentence for adults. In addition to or in the alternative, the court may order house arrest (electronic monitoring), commitment in a youth center, probation, parole or undergoing treatment programs.
There are rules and procedures that are unique to the California Juvenile Court and, therefore, make it very different from adult criminal court. For instance, juveniles are not entitled to jury trials (the theory being that, since juveniles are being rehabilitated rather than punished, they are not entitled to all protections otherwise afforded adult criminals). Juveniles also have no right to bail.
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If You Were Not Drunk When The Fatal Crash OccurredEven if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play, too, which basically means you disregarded the safety of others.
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