Child Pornography under California Penal Code Section 311, is a criminal offense and it is normally filed as either a felony or misdemeanor. Child Pornography is the willful act of owning, sharing or creating material that depicts a minor (someone under 18) involved in a sexual act.
Example
A common scenario of Child Pornography is when an adult owns a DVD showing sexual acts with a minor.
Elements of the Crime
In order to take an Child Pornography CPC 311 case to trial, certain elements of the crime will have to be proven. These include:
- That the defendant knew that they were involved in child pornography
- The defendant knew the pornography contained material with a child under 18
Punishments for CPC 311
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the type of child pornography and also an individual’s criminal history.
When found guilty of Child Pornography, it is can be either:
A misdemeanor punishable by one year in jail and a two thousand five hundred dollar fine
A felony punishable by 16 months -8 years in prison and a one hundred thousand dollar fine
NB. A sex offender registration will also be mandatory
CPC 311 Subdivisions:
- Penal Codes 311.1(a) /(b, circulating child pornography
- Penal Code 311.4, employing minors in child pornography
- Penal Code 311.11, possessing child pornography
- Penal Code 311.10, advertising and vending child pornography
- Penal Code 311.3, manufacturing child pornography
Legal Defenses for California Penal Code 311
A good lawyer can present many legal and valid defenses for Child Pornography charges under California Penal Code 311 to prove someone’s innocence. A legal defense team can argue that the guilty party was falsely accused and also work with DNA experts to prove their case.
Learn more about other California Section Penal Codes here.
