Within society, some of the most vulnerable members include children. Unfortunately, they can often be the subject of abuse and neglect and because they cannot adequately defend themselves, children are left defenseless. This is where the law comes in and ensures proper legal protection, in conjunction with law enforcement. It is not uncommon to find individuals who exploit vulnerable children and knowingly make them participate in pornography. Those who take advantage of children and force them to engage in such acts, face incredibly severe punishments.
According to California Penal Code 311, there are various charges that can apply depending on the context of the crime. Section 311.1 and 311.2 deal with possessing, publishing, producing, duplicating, printing or sending of child pornography. If the child porn is obscene and is intended for commercial distribution, the convicted individual faces a felony and up to six years in a California state prison. However, if the elements are the same, except there was not an intention to make it commercially available, the perpetrator faces up to three years in state prison.
It’s not just the producer that is caught in these crimes. If there is someone responsible for hiring, coercing, persuading, or promoting a child for pornography (knowing that it was for child porn), they will also face a felony conviction. This crime, 311.4(b) PC requires up to eight years in a California state prison.
While this article mentions some of the possible charges, it becomes evident that the perpetrator must have had knowledge of the pornographic nature of the activities. The prosecution must prove that the defendant knew the material would require a minor (under 18 years old) to engage in sexual activity – whether obscene or for commercial purposes. Knowledge of nature can be difficult to prove but is essential for these crimes.