Child Pornography Sentencing & Punishment – California Penal Code 311

There are several different subsections to California penal code 311, all of which carry distinct punishments for child porn. In order to fully understand what you are being charged with and what sentencing you could be facing, it is important to speak with an expert child pornography attorney.

Distributing obscene matter showing sexual conduct by a minor – California Penal Code Section 311.1
Distributing obscene matter showing sexual conduct by a minor, under California Penal Code Section 311.1, is considered a “wobbler.” This means the prosecution has discretion to charge the crime as either a misdemeanor or a felony.

If convicted of a misdemeanor 311.1 you can be facing imprisonment in county jail for up to one (1) year, or a fine of one thousand dollars ($1,000), or both imprisonment and the fine.

A felony conviction is punishable by imprisonment in state prison for up to three (3) years, or a fine of ten thousand dollars ($10,000), or both imprisonment and the fine.

Distributing obscene matter showing sexual conduct by a minor for commercial consideration – California Penal Code Section 311.2(b)
If you are found guilty of distributing obscene matter showing sexual conduct by a minor for commercial gain you will have a felony conviction on your record and will be facing imprisonment for a period of two (2), three (3), or six (6) years, or a fine of up to one hundred thousand dollars ($100,000), or both imprisonment and the fine.

Distributing to an adult obscene matter showing sexual conduct by a minor – California Penal Code Section 311.2(c)
Distributing obscene matter showing sexual conduct by a minor to a person who is at least 18 years of age is also a “wobbler.” Like penal code section 311.1, this can be charged as either a felony or a misdemeanor.

A misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year, or by a fine of up to two thousand dollars ($2,000), or both that fine and imprisonment.

A felony conviction is punishable by imprisonment in state prison for up to three (3) years, or by a fine of up to two thousand dollars ($2,000), or both fine and imprisonment.

Distributing obscene matter showing sexual conduct by a minor to a person who is under 18 years of age – California Penal Code Section 311.2(d)
Distributing obscene matter showing sexual conduct by a minor to a person who is under 18 years of age is always a felony and is punishable by imprisonment in state prison for up to three (3) years.

Sexual Exploitation of a child – California Penal Code Section 311.3
Sexual exploitation of a child, under California Penal Code Section 311.3, is a misdemeanor and is punishable by imprisonment in county jail for up to one (1) year, or a fine of up to two thousand dollars ($2,000), or by both the fine and imprisonment. However, it will be a felony if you have a previous conviction of sexual exploitation.

Hiring a minor to distribute child pornography or obscene matter – California Penal Code Section 311.4(a)
Hiring a minor to distribute child pornography or obscene matter, under California Penal Code Section 311.4(a), is a “wobbler.” This means that the prosecution has discretion to charge the crime as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year, or by a fine of up to two thousand dollars ($2,000), or by both that fine and imprisonment.

A felony conviction is punishable by imprisonment in state prison for up to three (3) years, or by a fine of up to two thousand dollars ($2,000), or by both that fine and imprisonment.

Hiring a minor for child pornography for commercial purposes – California Penal Code Section 311.4(b)
Hiring a minor for child pornography for commercial purposes, under California Penal Code Section 311.4(b), is a felony and is punishable by imprisonment in state prison for a period of three (3), six (6), or eight (8) years.

Hiring a minor for child pornography for any purpose other than commercial purposes – California Penal Code Section 311.4(c)
Hiring a minor for child pornography for any purpose other than commercial purposes, under California Penal Code Section 311.4(b), is a felony and is punishable by imprisonment for up to three (3) years in state prison.

Advertising obscene matter – California Penal Code Section 311.10
Advertising the sale or distribution any obscene matter knowing that it depicts a person under 18 years of age is a “wobbler.” This means that the prosecution has discretion to charge the crime as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year, or a fine of up to fifty thousand dollars ($50,000), or by both the fine and imprisonment.

A felony conviction is punishable by imprisonment in the state prison for two (2), three (3), or four (4) years, or by a fine of up to fifty thousand dollars ($50,000), or by both the fine and imprisonment.

Possessing child pornography – California Penal Code Section 311.11
Possessing child pornography is a “wobbler.” This means that the prosecution has discretion to charge the crime as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year, or by a fine of up to two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.

A felony conviction is punishable by imprisonment in state prison for up to three (3) years, or by a fine of up to two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.

Being convicted of possessing child pornography, while having a previous conviction of possessing child pornography or being convicted of an offense requiring registration under the Sex Offender Registration Act, will result in a felony conviction and is punishable by imprisonment for up to two (2), four (4), or six (6) years in state prison.

Sex Offender Registration Act

Under California Penal Code Section 290, a conviction for distributing or possessing child pornography requires you to register as a sex offender. This requirement lasts a lifetime and you will have to register on an annual basis. Also under Megan’s Law, your information will be published on the sex offender website. This website is accessible by anyone in the public. This website displays your name, photograph, home address, and other identifying information about you. For more information, visit and read our Sex Offender Registration Act section. You will find invaluable information on what crimes require registration and how to remove your name from the list.