Sex Crimes – Child Pornography Overview – State Law – California Penal Code 311

California law makes it illegal to possess or distribute child pornography.   Under California Penal Code Section 311 et seq., it is a crime for any person to knowingly distribute or possess child pornography.  Child pornography is generally known as nude photos of minors or video of minors engaging in sexual acts.  A conviction from possessing or distributing child pornography will result in serious penalties.  It is a crime under California state law and federal law.  It is critical that you speak with an experienced sex crimes attorney if you are facing a child pornography charge.

To understand how the prosecution will prosecute the case, it is important to understand how the law defines child pornography.  The law refers to child pornography as “obscene matter depicting a person under the age of 18 years personally engaging in sexual conduct.”

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 means actual or simulated sexual intercourse, oral copulation, anal intercourse, anal oral copulation, or any other sexual conduct as defined in Penal Code Section 311.4(d)(1).  An act is simulated when it gives the appearance of being sexual conduct.
•    In deciding the matter’s nature and whether it lacks serious literary, artistic, political, or scientific value, the jury shall:
o    Consider whether the circumstances indicate that the matter was being commercially exploited because of its prurient appeal.
o    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.

Generally, the prosecution must prove that 1) the material is obscene by going through the long list of definitions listed above, 2) the defendant knew of the material’s obscene nature, and 3) the material showed a person under the age of 18 years participating in a sexual act.

The punishment under the child pornography laws can be severe.  Depending on which child pornography law the defendant is convicted of, the punishment can range from imprisonment in county jail for up to (1) year to imprisonment in state prison for up to eight (8) years.  The defendant can also be subjected to fines of up to one hundred thousand dollars ($100,000).  Possibly the harshest punishment resulting from a child pornography conviction is that the defendant will have a lifetime duty to register as a sex offender under the Sex Offender Registration Act.  See California Penal Code Section 290.  The defendant’s information will also be published on the sex offender website pursuant to Megan’s Law.  This website will show the defendant’s name, photograph, home address, crime convicted of, and any other identifying information.

If you or a loved one is facing a child pornography charge, it is important that you speak with an experienced sex crimes attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes.  Our attorneys will aggressively fight to defend your rights.  We have been successful in keeping our clients off the sex offender registry.  Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com.  We will be there when you call.