Child Pornography in California
California law ensures that children are safe and protected and those who violate such laws are apprehended. Those who participate in any aspect of child pornography are addressed in the California penal code, section 311. This includes possessing pornography , facilitating child pornography , producing the pornography, or intended to distribute the pornography.
There are specific elements that help define what is and isn’t child pornography. In California, those who explicitly depict OR simulate sexual conduct with a minor (under 18 years of age) fall under child pornographers. When it comes down to the law, the accused must have had knowledge that the nature of the porn included sexual conduct of a minor in order to be charged.
Convictions
In the media, the police usually find evidence of child pornography on computers. This is a common occurrence and is considered a crime under California PC 311.11 (possession of child pornography). In order for the defendant to be convicted, they prove that they didn’t know they possessed such materials. First time offenders are often charged a misdemeanor conviction and can serve up to one year in jail. However, depending on the severity of the crime and the defendant’s criminal history, they could be charged with a felony and face a longer stay in prison.
Another law in California (PC 311.4a) states that if an individual hires of coerces a minor in engaged in sexual conduct with the purpose of creating child pornography, they can face a wobbler offense. Like the possession of child pornography offense described above, misdemeanor and felony convictions are wobbler offenses and result in different sentences.
