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Fresno Sex Crime DUI Criminal Defense Attorney | Teen Sexting

PC 311.1 Bringing into state matter Depicting Child in Sexual Conduct; Punishment; Exceptions

(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale o distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including but not limited to any film, film strip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, DC-ROM or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or to exhibit to, or to exchange with, others, or who offers to distribute, distributes, or  exhibits to, or exchanges with, others, any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, shall be punished either by imprisonment in the county jail for up to one year, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment in the state prison, by a fine not to exceed ten thousand dollars ($10,000), or by both the fine and imprisonment,

(b) This section does not apply to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses or to the legitimate medical, scientific, or educational activities, or to lawful conduct between spouses.

(c) This section does not apply to matter which depicts a child under he age of 18, which child is legally emancipated, including lawful conduct between spouses when one or both are under he age of 18.

(d) It does not constitute a violation of this section for a telephone corporation, as defined in section 234 of the Public Utilities code, to carry or transmit messages described in this chapter or perform related activities in providing telephone services.

Information about Child Pornography charges.

Who Can Be Charged?

Obviously an adult can be charged for child pornography.  But, a minor can also be charged for child pornography even when they are the willing participant and dissemination of the pornography in question.  A 16 year old female from outside the state of California was arrested for sending nude photos of herself directly to a male in hopes that he would find her attractive.  She has been charged with a violation of this statute.  She is charged as a juvenile for felony possession, reproduction, distribution, solicitation and facilitation of Child Pornography.

What must the prosecution prove to convict a person of a violation of this statute? (PC 311.1)

The elements of PC 311.1 are:

1. The Defendant knowingly sent or caused to be sent or brought or caused to be brought into this state for sale or distribution any matter, representation of information, data or image including, but not limited to any film, film strip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer generated image that contains or incorporates any film or filmstrip, the production of which involves the use of Victim under the age of 18.

2. The victim was personally engaging in or simulating sexual conduct.

3. Defendant had knowledge that Victim was a minor.

4. The defendant acted with the intention of distributing or exhibiting the obscene matter to others.

Charged With Child Pornography?  Arrested for Child Pornography?

If you are arrested or charged with a violation of the California or Federal Child Pornography laws it is a serious accusation that could lead to many years in State and/or Federal Prison.  It is important to have a qualified and educated Criminal Defense Attorney review your case and advise you as to your rights and your options on how to proceed with a quality defense.

Computer, social medial, and digital age crimes include "Sexting"

As of early 2014 California has yet to enact specific anti sexting laws. However, prosecution under 311.1, which may include lifetime registration as a sex offender could occur upon a conviction of 311.1, and sexting could trigger this conviction.

Minor accused of violating this statute

A juvenile accused of a violation of this statute will likely be charged as a minor, which would allow the juvenile court system, with is rehabilitative rather than punitive, in theory at least, to handle the case.  Penalties for juveniles are not as severe as those for adults, but the consequences may still be harsh.

A minor may be incarcerated by in the juvenile facility, have their cell phones seized by law enforcement or education staff, suspended from school (especially under the new mantra of "zero tolerance" which is often trumpeted, but seldom explained in how it differs from any other enforcement policy) and even lose out on college educational opportunities.  The court may also, upon a finding truth of the complaint, impose other conditions such as community service and counseling.

If an 18 or 19 year old adult is caught sexting with a juvenile they could face even more severe penalties:

They may be incarcerated in state prison for a period a period of time that could be years, or with probation, up to one year in county jail.  Fines could be very burdensome.  Be forced to register as a sex offender for life and/or GPS enforced community supervision, residency restrictions that make living in our near a city very difficult by limiting a registered sex offender to residency outside a minimum distance of 2,000 feet from a school, park, or place where minor gather.  They may be restricted from contact with minors, including family members, subject to curfew restrictions, polygraphs, and sex offender treatment programs. Also See: Sexting Blog

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