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California Penal Code Section 311.11

Legal Research Home > California Laws > Penal Code > California Penal Code Section 311.11

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.
   (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.
   (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:
   (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.
   (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.

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Last modified: March 17, 2014