Child Pornography Overview – California Penal Code 311

Under California law, it is illegal to possess or distribute child pornography. This is defined by California Penal Code Section 311. People generally relate child pornography as nude photos of minors or videos of minors engaging in sexual acts. As expert child porn attorneys, we know that the punishment for child pornography is extremely severe. Not only is possessing or distributing child pornography against state law, it is also against Federal law.

If you are charged with child pornography crimes, it is vital that you contact the sex crimes attorneys at Wallin and Klarich to ensure that you understand how the prosecution will prosecute your case. The law refers to child pornography as “obscene matter depicting a person under the age of 18 years personally engaging in sexual conduct.”

That definition may seem vague to someone who isn’t a child porn attorney. By state law, obscene matter is defined as (1) material that shows or describes sexual conduct in an obviously offensive way, (2) a reasonable person would conclude that the material lacks serious literary, artistic, political or scientific value, and (3) an average adult person applying contemporary statewide standards would conclude that it appeals to a prurient interest.

Sexual conduct is also specifically defined by state law. It states that sexual conduct means actual or simulated sexual intercourse, oral copulation, anal intercourse, anal oral copulation or any other sexual conduct defined by Penal Code Section 311.4(d)(1).

In child pornography cases, the jury must determine whether the content in question lacks serious literary, artistic, political or scientific value. To determine this, the jury shall:
- Consider whether the circumstances indicate that the content was being commercially exploited because of its prurient appeal.
- Consider whether the defendant knew that the matter showed persons under the age of 16 years engaging in sexual conduct.
- Contemporary statewide standards look at the material’s impact on the average person in the statewide community.
- A prurient interest is a shameful or morbid interest in nudity, sex, or excretion.

The punishment under the child pornography laws can be severe. There are several child pornography laws that a defendant can be convicted of, and the punishments vary. Punishment can include imprisonment in county jail for up to 1 year, to imprisonment in state prison for up to 8 years. The defendant could also be ordered to pay fines of up to $100,000. A conviction of a child pornography crime also results in the defendant having to register as a sex offender for the rest of their life.

Being accused of possessing or distributing child pornography is something that you can’t afford to fight on your own. Even receiving an unwanted text message with sexual content can be considered possession of child pornography if you keep it on your phone. It is vital that you contact the child pornography attorneys at Wallin and Klarich. We have over 30 years of experience handling child pornography cases. Call us today at 1-888-749-0034 for a free consultation.