(a)(1)Every person who knowingly possesses or controls any matter, 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as
defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.
(2)Every person who knowingly possesses or controls any matter, 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, knowing that the matter is obscene and depicts what appears to be a person under 18 years of age, or contains digitally altered or artificial-intelligence-generated data depicting what appears to be a person under 18 years of age, engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and
imprisonment.
(b)Every person who commits a violation of subdivision (a), and who has been previously convicted of a violation of this section, an offense requiring registration under the Sex Offender Registration Act, or an attempt to commit any of the above-mentioned offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years.
(c)Each person who commits a violation of subdivision (a) shall be punished by imprisonment in the state prison for 16 months, or two or five years, or shall be punished by imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment, if one of the following factors exists:
(1)The matter contains more than 600 images that violate subdivision (a), and the matter contains 10 or more images involving a prepubescent minor or a minor who has not attained 12 years of age.
(2)The matter portrays sexual sadism or sexual masochism involving a person under 18 years of age. For purposes of this section, “sexual sadism” means the intentional infliction of pain for purposes of sexual gratification or stimulation. For purposes of this section, “sexual masochism” means intentionally experiencing pain for purposes of sexual gratification or stimulation.
(d)It is not necessary to prove that the matter is obscene in order to establish a violation of paragraph (1) of subdivision (a).
(1)Paragraph (1) of subdivision (a) does not apply to drawings, figurines, or statues.
(2)This section does not apply to any film rated by the Motion Picture Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.
(e)For purposes of determining the number of images under
paragraph (1) of subdivision (c), the following shall apply:
(1)Each photograph, picture, computer or computer-generated image, or any similar visual depiction shall be considered to be one image.
(2)Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images.
Notes of Decisions
United States v. David Reinhart, 893 F.3d 606 (9th Cir. 2018).
· cites it 18× “” Cal. Penal Code § 311.11 (a). In turn, “sexual conduct” is defined as actual or simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object…”
United States v. Mark Davidson, 246 F.3d 1240 (9th Cir. 2001).
· cites it 18× “” Cal. Penal Code § 311.11 (a). 7 At the time that Davidson downloaded images of child pornography onto computer floppy discs, the term “matter” was defined in two separate sections of California Penal Code § 311.”
People v. Holford, 203 Cal. App. 4th 155 (Cal. Ct. App. 2012).
· cites it 3× “Defendant Curtis Holford, a registered sex offender, was convicted by jury of possession of child pornography (Pen. Code, § 311.11) for his possession of a video file on a hard drive found in his possession.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
· cites it 2× “§ 5-27-304; CAL.PENAL CODE § 311.11; COLO.REV.STAT. § 18-6-403; CONN.”
State v. Berger, 134 P.3d 378 (Ariz. 2006).
· cites it 2× “, Cal.Penal Code § 311.11(a) (West, Westlaw through 2006 Sess.”
Aguilar-Turcios v. Holder, 582 F.3d 1093 (9th Cir. 2009).
· cites it 4× “Had he not been in the military at the time of his offense, or had his conduct occurred off-base, he could have been prosecuted under either California Penal Code § 311.11, which tracks precisely the elements of 18 U.”
United States v. Christy, 810 F. Supp. 2d 1219 (D.N.M. 2011).
· cites it 3× “2; (iv) arranging a meeting with a minor for sexual purposes — California Penal Code § 288.4; (v) attending a meeting with a minor for sexual purposes or for a lewd act — California Penal Code § 288.”
Aguilar-Turcios v. Holder, 691 F.3d 1025 (9th Cir. 2012).
· cites it 4× “Had Aguilar-Turcios pled guilty to a vio- lation of California’s child pornography statute, Cal. Penal Code § 311.11 , the panel would have no reservations applying the categorical and modi- fied categorical analysis to determine if § 311.”
The People v. Pirali, 217 Cal. App. 4th 1341 (Cal. Ct. App. 2013).
“Defendant John Pirali pleaded no contest to a charge of felony possession of child pornography (Pen. Code, § 311.11). 1 On appeal, defendant challenges probation conditions restricting his access to the Internet and forbidding him from possessing or purchasing sexually explicit…”
People v. Q.R., 7 Cal. App. 5th 1231 (Cal. Ct. App. 2017).
· cites it 2× “He was placed on juvenile probation after admitting to felony possession of child pornography (Pen. Code, § 311.11, subd. (a)) and extortion (Pen.”
People v. Hamed, 221 Cal. App. 4th 928 (Cal. Ct. App. 2013).
“Defendant Naheed Mohmoud Hamed was convicted by jury of one count of possessing child pornography (Pen. Code, § 311.11). 1 He *930 admitted enhancement allegations that he had served a prior prison term (§ 667.”
People v. Kurey, 106 Cal. Rptr. 2d 150 (Cal. Ct. App. 2001).
“Kurey *844 argued that “the [P]eople sought to interpret California Penal Code § 311.11 in an unconstitutional manner, in that the sole basis for the allegation the movie clips depict individuals under the age of 18, is opinion evidence based on their appearance, despite the…”
— Cal. Penal Code § 311.11(A) — 1 case
— Cal. Penal Code § 311.11(a) — 9 cases
United States v. David Reinhart, 893 F.3d 606 (9th Cir. 2018).
“” Cal. Penal Code § 311.11 (a). In turn, “sexual conduct” is defined as actual or simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object…”
United States v. Mark Davidson, 246 F.3d 1240 (9th Cir. 2001).
“” Cal. Penal Code § 311.11 (a). 7 At the time that Davidson downloaded images of child pornography onto computer floppy discs, the term “matter” was defined in two separate sections of California Penal Code § 311.”
State v. Berger, 134 P.3d 378 (Ariz. 2006).
“, Cal.Penal Code § 311.11(a) (West, Westlaw through 2006 Sess.”
— Cal. Penal Code § 311.11(b) — 1 case
— Cal. Penal Code § 311.11(c) — 1 case
— Cal. Penal Code § 311.11(c)(1) — 1 case
— Cal. Penal Code § 311.11(d) — 1 case
United States v. Mark Davidson, 246 F.3d 1240 (9th Cir. 2001).
“” Cal. Penal Code § 311.11 (a). 7 At the time that Davidson downloaded images of child pornography onto computer floppy discs, the term “matter” was defined in two separate sections of California Penal Code § 311.”
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