Cal. Penal Code § 311.4 | Employing Minor to Sell or Distribute Child Pornography

In California, it is considered a felony under the Cal. Penal Code (PC) § 311.4 to use or force a minor under the age of 18 to participate in child pornography. Depending on whether the defendant had the intention to make a profit from the pornography or not, the penalties may vary. If the defendant had commercial intentions, they may face three, six, or eight years of imprisonment, while the maximum penalty for those without commercial purposes is three years of imprisonment.

PC § 311.4 makes it a felony to use, compel, or persuade/entice a child under 18 years old to participate in pornography in California. If the offender intends to sell pornographic material, a prison sentence of three, six, or eight years can be imposed. However, if there are no commercial intentions, the typical sentence is 16 months, two years, or three years.

Note that hiring a minor to promote, distribute, or sell obscene material can be prosecuted as a misdemeanor or a felony. Misdemeanor penalties include a maximum of one year in jail and/or a fine of up to $2,000, while felony penalties include 16 months, two years, or three years in state prison. In addition, repeat offenders can be fined up to $50,000.

Violation of PC § 311.4 results in sex offender registration, in addition to imprisonment. One potential defense against PC § 311.4 charges is that the pornographic material in question did not involve any sexual activity by a child under 18 years old. It is possible that the participants in the pornography may have looked young but were legal adults. Unless the prosecution can prove beyond a reasonable doubt that the person in question was under 18 years old, criminal charges should not be upheld.

Hiring a lawyer who is not adequately focused on this area of the law, or who is otherwise unqualified to represent a defendant may result in unfavorable outcomes. Our firm has decades of experience successfully defending clients in cases that are identical to or similar in this case. We may be reached for a legal consultation with one of our attorneys as soon as possible to prevent the challenges and issues that could occur from choosing a lawyer at the last minute.