CSAM Possession Defense (Poss. of Child Porn). CA Sex Crimes Defense Lawyers Explain Child Sexual Abuse Material (CSAM) Possession Defense.
- May 26
- 4 min read
Per California law, child sexual abuse material, or CSAM, is any visual depiction of the sexual abuse of children, or simulated sexual abuse of children, including artificial intelligent (AI) created sexual abuse of children. Possession of CSAM is a violation of both California and federal law.
New Law: California Assembly Bill 1831 (AB1831), adopted in 2024, extends CSAM to include AI generated pictures and videos of sexual abuse of children and simulated sexual abuse of children.
After the passage of AB1831, the possession of artificially intelligence created obscene (sexual) material depicting what reasonably appears to be a real human child, or child sexual abuse material (CSAM) related to what reasonably appears to be a real human child, is prosecuted under California’s current laws that prohibit the possession of child pornography (i.e., PC 311.1, 311.11, 311.11(c)(2), 311.4, etc.).
Note: Federal law also prohibits the possession, creation and distribution of AI generated CSAM (18 U.S. Code § 2256(8)).
CSAM Possession Crimes
California law now commonly refers what used by called “possession of child pornography” as “possession of CSAM.” There is no distinction between “child pornography” and CSAM material; however, the term pornography implies consent by the child in the production of child pornography, whereas the term “CSAM” does not imply a child’s consent in the production of child pornography.
CA Law and federal law prohibit the possession, distribution, and production of any depiction of a child, under the age of eighteen (18), engaging in, or simulating, sexual conduct, including oral copulation (oral sex), sexual penetration, sodomy (anal sex), sexual intercourse, sexual exhibition of child (regardless of sexual conduct), bestiality (sex with animals), lewd act with child, and children engaging in urine or excrement for sexual stimuli of the child or viewer.
Poss. of CSAM Penalties
The penalties related to the possession, distribution and/or production of child abuse sexual material (CSAM) depend on the circumstances of the case, including whether the crime is classified as a misdemeanor or a felony, the amount of CSAM possessed, distributed and/or produced, and the defendant’s criminal history.
Most charges related to the possession of CSAM (poss. of child pornography) will result in mandatory sex offender registration. The length of sex offender registration will depend on whether the possession, distribution and/or production of CSAM is classified as a misdemeanor or a felony and the exact criminal charge for which the defendant is convicted.
Jail & Prison: Some criminal charges of possession of CSAM are eligible for a probation sentence (with or without some limited incarceration in a local jail), while other possession of CSAM cases will result in a prison sentence with varying lengths depending on the exact charge under which the defendant is convicted, including whether the poss. of CSAM case is charged as a misdemeanor or a felony.
For more information related to the penalties associated to the exact criminal charges related to possession, distribution and/or production of CSAM, see the following:
Additional Penalties: In addition to the penalties listed above, and at the referenced sections related to the exact charges of possession, distribution and/or production of child pornography (CSAM), if found guilty, the defendant will face criminal protective orders, immigration consequences, professional licensing consequences, military service consequences, restitution, court fines, fees, and penalties, loss of scholarship opportunities and more.
Note: Defendant who possess child pornography, including AI generated CSAM, may be prosecuted under California law and federal law without violating double jeopardy laws (See Poss. of CSAM Defenses).
Poss. of CSAM Defenses
Common defenses to the possession, distribution and/or production of child pornography (CSAM) include illegal search and seizure, statute of limitations (10 years in most “possession only” cases), coerced confession, violation of Miranda Rights, entrapment, and insufficient evidence to prove the defendant intentionally possessed, distributed and/or produced child pornography.
Possession Defined: Under California law, the defendant may only be convicted of child pornography crimes if the defendant either possessed, distributed or produced child pornography.
Most CP cases are charged as the “possession” of CSAM type. For “possession” of child porn cases, the district attorney must prove, beyond a reasonable doubt, that the defendant knew that he or she actually possessed child pornography (as opposed to accidental possession of child pornography via mass download of materials that inadvertently included CSAM, or material that reasonably depicts persons “of legal age), or that the defendant had the ability and right to control the CP (i.e., constructive possession).
Double Jeopardy: The federal government and the state of California may simultaneously prosecute possession of child pornography (CSAM) cases without violating double jeopardy laws. This is because the federal government and the state of California are different “sovereigns.”
In practice, possession of CSAM cases are prosecuted at the state level unless many cross-state defendants are engaged in the distribution and production of child pornography in interstate activity (federal jurisdiction).
For more information on the definition of Child Sexual Abuse Material, or CSAM, contact our sex crimes criminal defense lawyers today for a free consultation.
Our highly experienced lawyers have helped hundreds of defendants charged with every type of sex crime, including poss. of child pornography crimes (PC 311 Crimes), sexual battery, statutory rape, oral copulation crimes, sexual penetration crimes, child molestation crimes (Lewd Act), indecent exposure, annoy or molest a minor, and more.
Our successful team of sex crimes criminal defense lawyers, including winning trial lawyers, are ready to defend all possession of child pornography criminal charges in the San Bernardino, Riverside, Los Angeles, and Orange County courts. Call today!
909-913-3138
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