Child pornography laws in California are among the strictest in the country, governed by California Penal Code 311.
This section of the law makes it illegal to possess, distribute, or produce any media that depicts minors engaged in sexual acts. But what exactly constitutes child pornography under this law?
We’ll cover some of the specifics below.
If you need help with a specific situation, contact Los Angeles sex crimes defense attorney Robert M. Helfend at the Helfend Law Group at 900-834-6434 to schedule a free case evaluation.
What kind of media is considered child pornography?
California Penal Code 311 defines child pornography broadly to include a wide variety of media forms. The following types of media may be classified as child pornography:
- Photographs – Any still images depicting minors in sexual situations, whether these images are digital, printed, or taken with a camera.
- Videos – Moving images, including homemade videos or professionally produced content, that show minors in sexual acts or suggestive contexts.
- Computer-Generated Images – Even if the depicted individuals were created digitally, if the imagery involves minors and sexual content, it could be considered child pornography.
- Simulated Sexual Conduct – Images or videos where minors are involved in simulated sexual activity, even if the act is not explicit, can fall under child pornography.
- Sexting – Sending or receiving sexually explicit images of minors via text message is also illegal under Penal Code 311. Even if the minor voluntarily sent the images, it is still considered child pornography under the law.
- Drawings or Artwork – Explicit images that depict minors, even in artistic or cartoon-like representations, may still be prosecuted as child pornography if they meet certain criteria.
It’s important to note that under California law, child pornography does not necessarily require that the depicted sexual conduct be real — simulated acts can also be prosecuted. Similarly, the law applies regardless of the minor’s consent or whether the depicted sexual act was part of an artistic, educational, or entertainment context.
The penalties for violating California Penal Code 311
The penalties for violating Penal Code 311 are severe and depend on the specific nature of the offense.
Under California law, child pornography charges can range from misdemeanors to felonies, depending on factors such as the volume of images, the nature of the content, and prior criminal history.
- Misdemeanor Penalties – A conviction can result in up to one year in county jail, along with fines reaching $2,000.
- Felony Penalties – Felony convictions can lead to prison sentences of up to 8 years and fines as high as $100,000.
- Sex Offender Registration – In most cases, a conviction for child pornography will require registration as a sex offender, a designation that can follow individuals for life and impose severe restrictions on where they can live, work, and interact with others.
The legal consequences extend far beyond fines and incarceration—being labeled a sex offender can severely damage personal relationships, career prospects, and future opportunities.
Contact The Helfend Law Group Today
If you or a loved one is facing child pornography charges under California Penal Code 311, it is crucial to seek experienced legal representation immediately. The Helfend Law Group has over 40 years of experience in criminal defense, including child pornography cases. We understand the complexities of these charges and will work tirelessly to protect your rights and pursue the best possible outcome.
Don’t leave your future to chance. Contact The Helfend Law Group today at 800-834-6434 for a confidential consultation and let us build a defense tailored to your case.
Published October 5, 2024.