Child Pornography | Penal Code § 311

Description

Criminal Child Pornography charges may be filed against a person who sends, transports, produces, possesses or duplicate child pornography with the intent to duplicate, print or exchange such property, as well as to hire, employ, use, persuade or coerce a minor to participate, or to advertise child porn for sale or distribution may be charged with a felony. Materials is defined as any form of media or communication, including computers, and electronic storage or any type or technology.

What does the prosecutor have to prove?

1. Defendant knowingly sent or caused to be sent or brought or caused to brought into this state for sale or distribution any matter, representation of information, data or image including to but not limited to any film, film strip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer generated image that contains or incorporates any film or filmstrip, the production of which involves the use of Victim under the age of 18 years.
2. The victim was personally engaging in or simulating sexual conduct.
3. Defendant had knowledge that Victim was a minor.
4. The defendant acted with the intention of distributing or exhibiting the obscene matter to others.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No