Child pornography is a lewd crime involving the exploitation of vulnerable minors. California Penal Code 311(PC) makes it a crime to distribute, produce, or possess explicit content featuring minors. A PC 311 conviction attracts severe consequences, including lengthy prison sentences and lifelong mandatory sex offender registration. Due to the severity of the consequences upon conviction, you need legal counsel from an experienced child abuse defense attorney.
At Desert Defense Lawyers, we understand that facing child pornography charges can feel overwhelming and isolating. With many years of experience in child abuse defense, we are committed to fighting for your rights, gathering evidence, and building a solid defense to fight the charges leveled against you.
Definition of Child Pornography
Child pornography is any description, picture, display, or representation that reflects a minor involved in explicit sexual conduct. This includes photographs, videos, digital images, or written descriptions.
Explicit sexual conduct encompasses a wide range of activities, including sexual acts, nudity, or any representation intended to stimulate sexual interests. The minor’s consent or willingness to perform the sexual acts or be filmed does not determine whether an image or video qualifies to be categorized as child pornography material.
California statutes, as explained in the sections below, are intended to shield children from sexual exploitation and maltreatment. Therefore, it is unlawful to produce, distribute, possess, or solicit obscene material involving a minor.
Child Pornography Statutes in California
Penal Code 311 contains laws that define ways in which child pornography has been made unlawful in California. They include the following:
California Penal Code 311.1
Per Penal Code 311.1, it is unlawful for any person to transport or cause to be transported, either physically or electronically, child pornography into California. This statute targets people who own, disseminate, or reproduce obscene material involving a minor performing sexual conduct for purposes of selling, distributing, or sharing it.
Key elements of Penal Code 311.1 include:
- Transportation: It is illegal to transport or ship obscene matter showing explicit sexual conduct involving a minor into or within the state.
- Duplication: Photocopying or duplicating such material, whether in electronic or hard copy form, to sell or distribute child pornography.
- Intent: The prosecution must prove that you knew the content inside the material and intended to distribute it.
California Penal Code 311.2
Penal Code 311.2 prohibits the mailing, shipping, or distribution of any matter that contains any images or videos of a minor engaging in sexual conduct. You are guilty of violating PC 311.2 if you offer to distribute or advertise child pornographic material for sale or exchange.
Elements of Penal Code 311.2 include the following:
- Sale or Distribution: The prosecution must prove that you sold or distributed obscene material involving a minor to secure a conviction against you.
- Advertising: Promoting or advertising child pornographic material is a criminal offense
- Electronic Transmission: You violate PC 311.2 when you send explicit material involving a minor electronically via emails or social networks.
California Penal Code 311.3
PC 311.3 prohibits you from using any device to produce, copy, or distribute child pornography. The main focus of this law is the creation of child pornography.
The key elements of Penal Code 311.3 include the following:
- Sexual Exploitation: This involves using a minor in the creation of explicit sexual material for personal use or to distribute it.
- Duplication and Alteration: You violate PC 311.3 if you edit or alter the content in a video or movie to show a minor engaging in sexual acts even though an adult had depicted the original image or video.
- Intentional Action: The prosecution must prove that you acted knowingly for you to be convicted of violating PC 311.3.
California Penal Code 311.4
Penal Code 311.4 makes it a crime to involve children in the creation and dissemination of obscene material. You also violate PC 311.4 when you use, entice, or compel a minor to engage in the production of pornography. It is also a crime to use or distribute any material that was produced by involving a minor to engage in sexual acts.
Key elements of PC 311.4 include the following:
- Coercion: You are guilty of violating PC 311.4 if you coerce a minor into engaging in sexual conduct to make pornographic material.
- Facilitation: It is a crime to aid or procure a child to take part in the making of obscene material.
- Intent: The prosecution must prove that you acted knowingly when you engaged in activities of creating and disseminating obscene materials of minors.
California Penal Code 311.10
You violate Penal Code 311.10 when you place an advertisement for child pornography. This statute applies when you place, offer, or exhibit for purchase, rent, or sale of obscene material that depicts minors. The advertising can be in writing or online, whether on a website or social media account.
Some of the elements that the prosecution must prove beyond a reasonable doubt include the following:
- Advertising or Promotion: The prosecution must prove that you were involved in the selling, offering for sale, or distribution of child pornography.
- Knowledge of Content: To secure a conviction, the prosecution must prove that you knew the material you were promoting contained explicit material involving minors.
- Public Display: You violate PC 311.4 when you publicly display obscene material in a manner accessible to the public, whether intentionally or recklessly.
California Penal Code 311.11
Penal Code 311.11 makes it a crime to knowingly possess or control any material that depicts a minor involved in sexual conduct. This law applies when child pornography images or videos are found on your computer, phone, or external drive.
Key elements that the prosecution must prove include:
- Knowledge: The prosecution must prove beyond reasonable doubt that you knew that the material in your possession contained explicit content featuring a minor involved in sexual conduct.
- Possession or Control: You are only guilty if you have possession of child pornography in any form, whether it is a physical copy or it is online on your phone or computer.
Defining Knowingly
Per laws under PC 311, knowingly means that you are aware of the existence of the sexually explicit material and its nature. To prove that you committed a crime, the prosecution must establish that:
- You knew that you had been providing, producing, or promoting content featuring minors.
- You knew the material involved a minor involved in sexually explicit conduct.
If you accidentally possess or download child pornography material, you are not guilty of committing the crime. However, If you claim you do not know that PC 311 exists, where you argue that you did not know that possessing child pornography is illegal, it is not a defense.
Defining Obscene
Per PC 311, ‘obscene’ material refers to content that has the following characteristics:
- Appeals to Sexual Interests: Obscene material must contain scenes that appeal to unhealthy sexual interests that do not feature what is considered normal in the community.
- Depicts Sexual Conduct in an offensive way: The content should show sexual acts that are offensive according to community standards.
- Lacks Serious Value: The material does not contain any literary, artistic, political, or scientific value.
Child pornography qualifies as obscene material as it features minors involved in sexual conduct and has no social value.
The Age Rule in Child Pornography Cases
California PC 311 prohibits sexual depictions of individuals below the age of 18 years. The fact that the minor agreed, physically looked like an adult, or used a fake identification is not a defense in child pornography cases.
The prosecution does not have to prove that you knew the person featured was a minor. You will not be pardoned if you do not know that the person featured is a minor. Ignorance of the minor’s age is not a defense.
If you are involved in the production and distribution of pornographic material, you must confirm the age of the person featured. You will be avoiding any consequences for violating PC 311.
Legal Consequences for Violating the Laws Under PC 311
The penalties for child pornography offenses are stiff. They are based on the type of charges and criminal history. If you or a loved one is charged under PC 311 laws, you should seek professional representation from an experienced child abuse attorney. The consequences for violating the laws under PC 311 include the following:
Penal Code 311.1
Penal Code 311.1 is a wobbler offense. The prosecution may choose to charge you with a misdemeanor or a felony charge. If found guilty, you could be sentenced to serve up to 1 year in jail and pay a fine of $1000 for misdemeanor charges. For a felony charge, you could attract up to 3 years in prison and a maximum of $10,000 in fines if found guilty.
Penal Code 311.2
California Penal Code 311.2 is also a wobbler offense. A conviction could have you face up to 1 year in jail and fines of up to $2000 for a misdemeanor charge. For a felony conviction, you could be sentenced to serve two or three years in prison and be required to pay a maximum of $10,000 in fines.
Penal Code 311.3
Penal Code 311.3 is also a wobbler offense. A conviction for a misdemeanor charge carries 1 year in jail and a maximum of $2000 in fines. However, for a felony conviction, you could be sentenced to up to 3 years in prison and fined $10,000.
Penal Code 311.4
A violation of PC 311.4 is considered a wobbler offense. You could attract up to 8 years in prison and pay hefty fines of $10,000 if convicted of a felony. For a misdemeanor conviction, you face up to 1 year in jail and pay a maximum of $1000 in fines.
Penal Code 311.10
Violating Penal Code 311.10 is a wobbler. If convicted of a felony, you could face a sentence of up to 4 years in prison and pay a maximum of a $50,000 fine. For a misdemeanor conviction, you could attract a sentence of up to 1 year in jail and a maximum fine of $1000.
Penal Code 311.11
Penal Code 311.11 is a wobbler. For felony charges, you could attract up to 6 years in state prison and be required to pay a maximum of $10,000 in fines upon conviction. For a misdemeanor charge, the judge could sentence you to serve 1 year in jail and pay a fine of $2500 upon a guilty verdict.
Sex Offender Registration
A violation of any law under Penal Code 311 could result in mandatory sex offender registration under Penal Code 290. This registration requirement is harsh, as you are required to register as a sex offender for life.
You must update your details with the local police yearly. These details include your address, place of work, and even social media accounts. If you do not comply with these provisions, you could face additional felony charges and other penalties.
Registering as a sex offender can limit your housing options and lower your employment and educational sponsorship opportunities. It can also affect your reputation and how you relate to others. Further, your information as a sex offender will be posted on California’s Megan’s Law website, where everyone can access it, which can lead to stigmatization.
Effects on Your Gun Rights
A conviction for engaging in child pornography could have your gun rights ceased; per state and federal laws below, if you are convicted of a felony, you are prohibited from owning, possessing, or purchasing firearms.
In California, a felony conviction for Penal Codes 311.1, 311.2, 311.3, 311.4, or 311.10 results in the immediate loss of gun rights, and your rights cannot be recovered for life under California Penal Code 29800. Federal law also prohibits a felon from shipping, transporting, possessing, receiving, or selling firearms to any other person per 18 U.S.C. 922 (g).
Immigration Consequences
A conviction under Penal Code 311 could severely affect your immigration status. A child pornography offense is considered an aggravated crime and also a crime of moral turpitude. It attracts mandatory deportation and permanent inadmissibility to the United States.
These charges also risk your visa, green card, and naturalization petitions. If you are a non-citizen facing child pornography allegations, seek the services of a child abuse defense lawyer as well as an experienced immigration lawyer to defend your immigration status.
Legal Defenses to Penal Code 311 Laws Violation Accusations
With such stiff consequences for distributing, possessing, or producing child pornography, you want to seek the services of a competent child abuse defense lawyer. An experienced child abuse attorney will study your case and come up with the most efficient defense strategy tailored to your case. Several defenses could be used in your case. They include the following:
You are a Victim of Entrapment
Entrapment means that a law enforcement officer caused you to commit a criminal act that you would not otherwise commit. If you were forced by authorities to purchase or distribute child pornography, your lawyer could argue that you are a victim of entrapment.
You Lacked the Intent to Violate the Laws Under PC 311
Child pornography statutes require the prosecution to prove that the defendant acted knowingly of the content in the material and with the intention to possess or distribute it. Your lawyer could argue that you had no idea about the content of the material. You distributed it unknowingly. You could also argue that you downloaded the material by accident.
You were Subjected to Illegal Seizure and Search
Law enforcers must follow specific measures when conducting an investigation. If they act in a manner that violates your Fourth Amendment rights while conducting a search or seizure, the evidence collected may be dismissed in court, weakening the prosecution's case.
You were a Victim of False Accusations
In child pornography cases, your accuser could accuse you falsely due to jealousy, revenge, confusion, or malice. Your lawyer can help you find out where these accusations emanate from and question the admissibility of such evidence against you. Your attorney can also gather evidence to counter the one presented against you.
The Performer in the Obscene Material is not a Child
Sometimes, the performer in a child pornography case may look like a minor while they are actually adults. Your attorney could present evidence to show the alleged victim is an adult. This can be done by presenting the ID or birth certificate of the featured individual. If the prosecution is unable to present evidence that the portrayed individual was a minor, it could weaken their case against you.
You Suffer from Psychological Dependency
Your attorney could argue that you have a psychological dependency on child pornography. Although this defense may not completely erase the fact that you are guilty, it may enable the judge to lessen your charge. They may also sentence you to compulsory rehabilitation instead of imprisonment.
Find a Child Abuse Defense Lawyer Near Me
Charges under Penal Code 311 have stiff penalties. Therefore, hiring a competent child abuse defense attorney is critical. An experienced attorney will assess your charges and the evidence presented against you and chart a solid defense strategy appropriate for your case. They will also safeguard your rights during the legal process.
If you or a loved one is charged with child pornography allegations, you should not face the court alone. Contact Desert Defense Lawyers in Palm Desert, California, for skilled legal representation. Call us at 888-293-0396 today to discuss your case and begin building your defense.
