On April 13, 2021, the Santa Ana Police Department was able to identify 33-year-old Joseph Martinez of Santa Ana as being in possession of and distributing child pornography. Martinez was identified after 9 online search warrants were executed and turned up the location of Martinez’s residence. On April 13, detectives served another search warrant at Martinez’s place of residence, and among the items seized were electronic devices believed to have content on them. These electronic devices are currently being examined for such illegal content and Martinez has been charged with three counts of distribution of child pornography. In addition, he is charged with bringing obscene material into California, possession, and control of child pornography, and distributing obscene matter to a minor. After receiving a tip from the National Center for Missing and Exploited Children, it was found that Martinez was in possession of hundreds of pictures and videos of sexual and abusive material involving children and this triggered the warrants and his arrest and charges.
Child pornography is the possession, distribution, or use of obscene or sexually explicit material of those who are under 18 years of age. Under both federal laws and California state laws, it is illegal to distribute or possess child pornography. Child pornography charges can be wobblers. A wobbler is a crime that can be charged as either a felony as a misdemeanor and child pornography charges can sometimes fall under this category. Misdemeanor child pornography charges are very serious, along with felonies, because they require lifetime registration as a sex offender. The District Attorney must prove multiple elements beyond a reasonable doubt to prove that the crime of child pornography took place. To read more about the specific elements the District Attorney must prove beyond a reasonable doubt, click here. The District Attorney takes child pornography charges very seriously and a felony charge of distribution of child pornography for commercial purposes carries a maximum sentence of 6 years in state prison along with sex offender registration. Child pornography charges not only cause criminal penalties and consequences, but they also have other consequences such as employment and licensing issues. Child pornography crimes are considered crimes of moral turpitude and these charges can prevent an individual from getting or keeping a job and obtaining and keeping licensing. When facing a child pornography charge, one of the most important decisions an individual can make is choosing the right lawyer to represent them. To learn more about child pornography and choosing the right lawyer, click here to access our website which contains valuable information regarding these charges and what to do.