Cal. Codes » Penal Code

Cal. Penal Code § 311.3

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(a)A person is guilty of sexual exploitation of a child if that person 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter that depicts a person under 18 years of age engaged in an act of sexual conduct.

(b)It is not necessary to prove that the matter is obscene in order to establish a violation of subdivision (a).

(c)As used in this section, “sexual conduct” means any of the following:

(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.

(d)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.

(e)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, the person shall be punished by imprisonment in the state prison.

(f)The provisions of this section do not apply to an employee of a commercial film developer who is acting within the scope of employment and in accordance with the instructions of their employer, provided that the employee has no financial interest in the commercial developer by which they are employed.

(g)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.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1988–2024 · leading case: United States v. David Reinhart
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United States v. David Reinhart (2018) ca9 · cites it 18× “” Cal. Penal Code § 311.3 (a). Section 311.”
United States v. Jeffrey Meek (2004) ca9 · cites it 2× “5 Both warrants listed the suspected offense to be a violation of California Penal Code § 311.3, but the attached affidavits described a violation of California Penal Code § 288.”
United States v. Thomas Schopp (2019) ca9 · cites it 3× “There are no child prostitution prior convictions, however, at issue here. UNITED STATES V. SCHOPP 15 minor” or “unlawful exploitation of a minor”), all defining the offense as the production of child pornography.”
United States v. Krupa (2011) ca9 · cites it 2× “[3] Cal.Penal Code § 311.3, also recited by the affidavit, is identical in all material respects.”
State of Tennessee v. Thomas Whited (2016) tenn “” 32 Cal. Penal Code §§ 311.3 (b)(5), *441 311.”
Fendley v. People (2004) coloctapp “Petitioner was convicted in California on November 27, 1990 for sexual exploitation of a child, see Cal.Penal Code § 311.3 (West 2002), and was sentenced to seventy months in the California Department of Corrections.”
United States v. Villard (1988) njd · cites it 2× “California Penal Code Section 311.3(a) states: "A person is guilty of sexual exploitation of a child when he or she knowingly develop, duplicate, print, or exchange any film, photograph, video tape, negative, or slide in which a person under the age of 14 years engaged in an act…”
Turenne v. State (2024) md “§ 13-3551 (2024) (defining “[e]xploitive exhibition” as “the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer”); Cal. Penal Code § 311.3 (b)(5) (West 2024) (defining “sexual conduct” as…”
In Re Ulysses D. (2004) calctapp “1, subdivision (c) does not define "sexual conduct," but scattered throughout its clauses are references to Penal Code sections 311.”
United States v. Krupa (2011) ca9 “Cal.Penal Code § 311.3, also recited by the affidavit, is identical in all material respects.”
People v. Griffin CA5 (2016) calctapp · cites it 4× “The basis for the no-contact order was not disclosed, but it was stipulated that Griffin had been convicted in 2006 of misdemeanor sexual exploitation of a child (Pen. Code, § 311.3, subd. (a)) for videotaping his eight- and 12-year-old nieces in the bathroom and then using the…”
Los Angeles County Department of Children & Family Services v. Walter D. (2004) calctapp “1, subdivision (c) does not define “sexual conduct,” but scattered throughout its clauses are references to Penal Code sections 311.3 and 311.4, which do define “sexual conduct.”
Show all 15 citing cases →
— Cal. Penal Code § 311.3(a) — 4 cases
United States v. David Reinhart (2018) ca9 “” Cal. Penal Code § 311.3 (a). Section 311.”
United States v. Thomas Schopp (2019) ca9 “There are no child prostitution prior convictions, however, at issue here. UNITED STATES V. SCHOPP 15 minor” or “unlawful exploitation of a minor”), all defining the offense as the production of child pornography.”
United States v. Villard (1988) njd “California Penal Code Section 311.3(a) states: "A person is guilty of sexual exploitation of a child when he or she knowingly develop, duplicate, print, or exchange any film, photograph, video tape, negative, or slide in which a person under the age of 14 years engaged in an act…”
People v. Griffin CA5 (2016) calctapp “The basis for the no-contact order was not disclosed, but it was stipulated that Griffin had been convicted in 2006 of misdemeanor sexual exploitation of a child (Pen. Code, § 311.3, subd. (a)) for videotaping his eight- and 12-year-old nieces in the bathroom and then using the…”
— Cal. Penal Code § 311.3(b) — 1 case
United States v. David Reinhart (2018) ca9 “” Cal. Penal Code § 311.3 (a). Section 311.”
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