Child Pornography, Penal Code 311.3
If you have been charged with Child Pornography, contact Los Angeles Criminal
Defense Attorney, Robert M. Bernstein today.
Penal Code § 311.3. (a) A person is guilty of sexual exploitation of a child if he or she
knowingly develops, duplicates, prints, or exchanges any 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
that depicts a person under the age of 18 years engaged in an act of sexual conduct.
(b) As used in this section, "sexual conduct" means any of the
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital,
or oral-anal, whether between persons of the same or opposite sex or between
humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(5) Exhibition of the genitals or the pubic or rectal area of any person
for the purpose of sexual stimulation of the viewer.
(6) Defecation or urination for the purpose of sexual stimulation of the viewer.
(c) Subdivision (a) does not apply to the activities of law enforcement
and prosecution agencies in the investigation and prosecution of criminal
offenses or to legitimate medical, scientific, or educational activities,
or to lawful conduct between spouses.
(d) Every person who violates subdivision (a) shall be punished by a fine
of not more than two thousand dollars ($2,000) or by imprisonment in a
county jail for not more than one year, or by both that fine and imprisonment.
If the person has been previously convicted of a violation of subdivision
(a) or any section of this chapter, he or she shall be punished by imprisonment
in the state prison.
(e) The provisions of this section do not apply to an employee of a commercial
film developer who is acting within the scope of his or her employment
and in accordance with the instructions of his or her employer, provided
that the employee has no financial interest in the commercial developer
by which he or she is employed.
(f) Subdivision (a) does not apply to matter that is unsolicited and is
received without knowledge or consent through a facility, system, or network
over which the person or entity has no control.