PC 311.11(c)(1)

Possession of obscene images depicting a minor in a sexual manner (Possession of child pornography)

Information on the crime of possession of obscene images depicting minors in a sexually explicit manner, also known as possession of child pornography pictures, is found at California penal code section 311.11(c)(1).

PC 311.11(c)(1) Law (Abbr.)

PC 311.11(a) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.

PC 311.11(b) Every person who commits a violation of subdivision (a), and who has been previously convicted of a violation of this section, an offense requiring registration under the Sex Offender Registration Act, or an attempt to commit any of the above-mentioned offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years.

PC 311.11(c) Each person who commits a violation of subdivision (a) shall be punished by imprisonment in the state prison for 16 months, or two or five years, or shall be punished by imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment, if one of the following factors exists:

PC 311.11(c)(1) The matter contains more than 600 images that violate subdivision (a), and the matter contains 10 or more images involving a prepubescent minor or a minor who has not attained 12 years of age.

PC 311.11(c)(2) The matter portrays sexual sadism or sexual masochism involving a person under 18 years of age. For purposes of this section, “sexual sadism” means the intentional infliction of pain for purposes of sexual gratification or stimulation. For purposes of this section, “sexual masochism” means intentionally experiencing pain for purposes of sexual gratification or stimulation.

(d) It is not necessary to prove that the matter is obscene in order to establish a violation of this section.

(e) This section does not apply to drawings, figurines, statues, or any film rated by the Motion Picture Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.

(f) For purposes of determining the number of images under paragraph (1) of subdivision (c), the following shall apply:

(1) Each photograph, picture, computer or computer-generated image, or any similar visual depiction shall be considered to be one image.

(2) Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images.

PC 311.11(c)(1) Sentence & Punishment

Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.

Jail or Prison Sentence: Oral copulation on a minor (PC 288a(b)(1)), is classified as a wobbler, which means the crime is charged as a felony or as a misdemeanor. The maximum sentence after a conviction for felony PC 288a(b)(1) is three (3) years in state prison. The maximum sentence after a conviction for misdemeanor PC 288a(b)(1) is one (1) year in county jail.

Whether or not the district attorney files felony or misdemeanor charges in any PC 288a(b)(1) case depends largely on the facts of the case and the defendants criminal history. In some cases, it may be possible for a criminal defense attorney to pursuade a judge that the charges should be reclassified from a felony to a misdemeanor.

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