California Codes

Cal. Penal Code § 311.10 (2026)

✓ current as of May 2026

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(a)Any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, is guilty of a felony and is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(b)Subdivision (a) shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: People v. Evensen, 16 Cal. Daily Op. Serv. 11 (Cal. Ct. App. 2016).

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People v. Evensen, 16 Cal. Daily Op. Serv. 11 (Cal. Ct. App. 2016). “After a hearing, the trial court denied the motion, and Evensen then pleaded no contest to one count of advertising for sale obscene matter depicting a minor (Pen. Code, § 311.10), three counts of oral copulation of an unconscious person {id.”

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