PC section 311.2 | Production, Distribution or Exhibition of Child Pornography

California Penal Code § 311.2 PC makes it illegal for individuals to knowingly transport, duplicate, or have in their possession any child pornography or obscene materials with the intention of sharing or showing it to others. The severity of the consequences depends on the particular situation, but possessing child pornography with the intention of selling/distributing it is always considered a felony. The penalty for such an offense ranges from two to six years in a California State Prison and/or a fine of up to $100,000.

The penalties imposed upon conviction of this offense vary depending on the specific circumstances:

• If the obscene matter does not involve children and the defendant intends to distribute it, it is considered a misdemeanor with a fine of $1,000 plus $5 for each additional piece of obscene material (up to $10,000) and/or up to 6 months in jail plus 1 day for each additional piece of obscene material (up to 360 days). Subsequent offenses may result in an additional fine of up to $50,000.
• If the obscene matter involves children under 18 and the defendant intends to sell it for commercial gain, it is considered a felony punishable by 2, 3 or 6 years in prison and/or up to $100,000 in fines. A conviction also requires sex offender registration.
• If the matter, whether obscene or not, involves children under 18 engaging or simulating sexual conduct and the defendant intends to give it to an adult 18 or older, it may be considered either a misdemeanor or a felony. The former carries a penalty of up to 1 year in jail and/or up to $2,000 in fines, while the latter may result in up to 3 years in prison and/or up to $10,000 in fines. A conviction may also require sex offender registration.
• If the matter, whether obscene or not, involves children under 18 engaging or simulating sexual conduct and the defendant intends to give it to a child under 18, it is considered a felony punishable by up to 3 years of incarceration and/or up to $10,000 in fines. A conviction also requires sex offender registration. Subsequent offenses are always felonies. [California Penal Code 311.2 PC on Production, distribution, or exhibition of obscene matter.]

n California courts, material is considered "obscene" if it portrays sexual activity in an offensive manner, lacks significant literary, artistic, political, or scientific value according to a reasonable person, and appeals to a shameful or morbid interest in sex, nudity, or excretion according to an average adult. [CALCRIM 1141. See also Bloom v. Municipal Court (1976) 16 Cal.3d 71; and, Pope v. Illinois (1987) 481 U.S. 497.]The primary defense against these charges is that the defendant did not knowingly commit the offense. Individuals who were genuinely unaware that they possessed child pornography or obscene material are not subject to criminal liability under California Penal Code § 311.2.[ People v. Harris (Cal. App. Dep’t Super. Ct., 1961), 192 Cal. App. 2d Supp. 887, 13 Cal. Rptr. 642. People v. Haraszewski (Cal. App. 4th Dist., 2012), 203 Cal. App. 4th 924, 137 Cal. Rptr. 3d 641.]

These issues can be complex and can generate unfavorable outcomes if you hire an attorney not sufficiently focused in this area of the law, or otherwise ill-equipped to represent you. Our firm has decades of experience successfully representing people with legal matters same or similar to yours. The sooner you contact us for your consultation with one of our attorneys, the more you will avoid difficulties and problems that may arise hiring a lawyer last-minute or when it’s close to your hearing or deadline.