Child Pornography

Child Pornography

Possession of matter depicting a person under 18 knowing that the person depicted is under 18 and who is engaged in sexual conduct, or simulating sexual conduct, is a misdemeanor.1 If there is a prior conviction for this offense it becomes a felony.2 The crime does not apply to drawings, figurines, states, or to a film rated by the Motion Picture Association of America.3 The prosecution need not prove the matter obscene, however it is a defense to show that the matter has a significant literary, artistic, political educational or scientific value, or was produced to advance a legitimate scientific or educational purpose.4

Distribute With Intent to Seduce

Displaying, or showing child pornography to a minor in a manner which manifest a sexual intent is a criminal offense. Any person who, knowing that a person is a minor, or should have known that the person was a minor, does any of the following acts with a sexual intent to sexually arouse either himself or the minor is guilty of a crime which could be charged as either a felony or misdemeanor, or only as a felony if the person has a prior conviction for the same offense.

1). Distributes, sends, or exhibits by any means, including but not limited to, live or recorded telephone messages, any harmful matter to a minor.5

2). Distributes, sends, or exhibits by email, the internet, or a commercial online service, any harmful matter to a minor.6

It is a defense that a parent or guardian committed the act for the purpose of sex education.vii It is also a defense that the purpose for which the act was committed was a legitimate scientific or educational reason.7






1 Section 311.11(a) of the California Penal Code
2 Section 311.11(b) of the California Penal Code
3 Section 311.11(d) of the California Penal Code
4 Sections 311.11(c); 311.8(a) of the California Penal Code
5 Section 288.2(a) of the California Penal Code
6 Section 288.2(b) of the California Penal Code
7 Section 288.2(c) of the California Penal Code
8 Section 288.2(d) of the California Penal Code