Penal Code section 311 governs child pornography laws in California. Penal Code 311 prohibits the knowing distribution, possession, production, publication, duplication, sale, or printing of child pornography in any form.
California Penal Code section 311.11 Possession of Child Pornography
Pursuant to California Penal Code section 311.11, it is illegal to possess any matter that depicts a person under the age of 18 engaging in sexual conduct or simulating sexual conduct.
Elements Prosecutor Must Show to Prove Defendant is Guilty of Possession of Child Pornography PC 311.11
To be found guilty of Possession of Child Pornography PC 311.11 the prosecution must show:
- the defendant knowingly committed the act; and
- when the defendant acted, s/he knew that the matter showed a person under 18 years of age who was participating in or simulating sexual conduct
Can A Teenager Be Charged for Child Pornography for Sexting in California?
Teens and parents should be aware that if teenagers send sexually explicit text messages to a boyfriend or girlfriend, they can be charged with possession of child pornography. This is especially serious because California possession of child pornography laws does not have an age exception. As such, if a teenager is found guilty of possession of child pornography under PC 311, they would be required to register as a sex offender.
California Possession of Child Pornography Defense Attorney
If you or a loved one has been charged with possession of child pornography or any other child pornography offense, we invite you to contact our office and speak with an experienced California child pornography defense attorney today for a free consultation at (213) 401-2777 .
Los Angeles criminal defense attorney R.J Manulian has numerous acquittals and successfully dismissed hundreds of serious and violent felony cases throughout his career.
The Manulian Law Firm represents criminal defendants in and around Los Angeles, Orange County, Ventura County, El Monte, San Bernardino, and Riverside.