PC 311.11(a), 311.11(c)(1) & 311.11(c)(2)

Poss. obscene matter depicting a minor in a sexual manner

Information on the crime of possession of obscene matter depicting a minor in a sexual manner, also known as possession of child pornography, is found at California penal code section 311.11(a).

PC 311.11(a) Law (Abbr.)

PC 311.11(a): Every person who knowingly possesses or controls any matter, data, or image, including, but not limited to, any film or photo, negative, slide, photocopy, videotape, computer hardware or software, data storage media, or computer generated image, that contains the depiction of a person under 18 years of age, engaging in, or simulating sexual conduct, is guilty of the crime of possessing obscene matter depicting a minor engaging in sexual conduct (PC 311.11(a) [Abbr.]).

Sexual conduct means any of the following, whether actual or simulated: sexual intercourse, oral copulation, anal sex, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a lewd or lascivious manner, exhibition of the genitals or pubic or rectal area for the purpose of sexual stimulation of the viewer, any lewd or lascivious sexual act, or excretory functions performed in a lewd or lascivious manner, whether or not any of the above conduct is performed alone, or between members of the same or opposite sex, or between humans and animals. An act is simulated when it gives the appearance of being sexual conduct. ( PC 311.4(d)((a) Abbr.).

PC 311.11(a) does not apply to drawings, figurines, statues, or any film rated by the Motion Picture Association of America (PC 311.11(e) Abbr.).

PC 311.11(c)(1): Every person, who knowingly is in possession of twelve (12) videos, or six hundred (600) images, of child pornography described in PC 311.11(a) above, or child abuse involving sexual sadism or sexual masochism, is guilty of possession of child pornography wtih enhanced penalties (PC 311.11(c)(1) & 311.11(c)(2)) Abbr.).

Note: Each child pornography video is equal to fifty (50) images.

To prove that the defendant is guilty a PC 311 crime, the prosecutor must prove that:

• The defendant possessed an image or video, in any media format, depicting sexual conduct, simulated or actual, of a minor under eighteen (18), and

• The defendant knew that he or she possessed the images or video and knew that the image or video depicted the minor, engaging in, or simulating sexual conduct.
  Punishment for PC 311.11 Crimes

PC 311.11(a) Sentence: Possession of obscene matter depicting a minor engaging in sexual conduct is charged as a felony or as a misdemeanor (a wobbler). If found guilty of felony PC 311.11(a), the defendant may face up to three (3) years in prison. If found guilty of misdemeanor PC 311.11(a), the defendant may face up to one (1) year in jail.

Probation Sentence: A probation sentence is period of supervision instead of a prison sentence. Probation sentences carry conditions of probation, or terms of probation, that must be followed in order to avoid further punishment, including an actual prison sentence. A probation sentence for felony PC 311.11 crimes is called felony probation and is supervised and monitored by a felony probation officer. A probation sentence for misdemeanor PC 311.11 crimes is called informal probation, which is not monitored or supervised by a probation officer. Probation sentences for the crime of possession of child pornography is available, but not guaranteed; whether or not a defendant will be granted a felony or misdemeanor probation sentence on any PC 311.11 conviction depends largely on the facts of the case and the defendant's criminal history.

Good Conduct Credit:  If the defendant is sentenced to jail or prison (as opposed to a probation sentence, see below), the defendant may earn up to fifty percent (50%) credit off his or her jail or prison sentence for good behavior while in custody. This applies to both felony and misdemeanor PC 311.11(a) and 311.11(c). sentences.

Probation Sentence: Probation is period of supervision instead of jail or Prison. Probation sentences come with probation terms that must be followed in order to avoid further punishment, including actual jail or prison. Probation for felonyPC 311.11(a) and 311.11(c) is called formal probation where the defendant is monitored by a probation officer. Probation for misdemeanor PC 311.11(a) and 311.11(c) is called informalprobation.

Probation sentences are available in both PC 311.11(a), and 311.11(c) cases, but every case is decided on a case by case basis. Whether or not a probation sentence is available in a particular case depends largely on the facts of the case and the defendant's criminal history.

Suspended Prison Sentence: The crimes of possession of obscene matter depicting a child engaged in sexual conduct ((PC 311.11(a)) and 311.11(c)) do not qualify for suspendedprison sentences (also called joint suspension), or split prison sentences. This means that if the defendant is found guilty of PC 311.11(a) or 311.11(c), the defendant must serve either a probation sentence (see above) or an actual prison sentence, and no part of his or her prison sentence may be served out of prison on work release or house arrest (PC 1170(h)).

Note: Restrictions on suspended or split prison sentences do not apply to misdemeanor PC 311.11(a) or 311.11(c).

Three Strikes Law: Neither PC 311.11(a), nor PC 311.11(c) is considered a strike crime per California's Three Strike's Law.

Sex Offender Registration: If found guilty of possession of obscene matter depicting a minor engaging in sexual conduct(PC 311.11(a) or 311.11(c)), the defendant will be ordered to register as sex offender for the remainder of his or her life. In some misdemeanor PC 311.11(a) and 311.11(c) cases the defendant may be released from this obligation after obtaining a certificate of rehabilitation.

Immigration Consequences: A criminal convictions for the crime of possession of obscene matter depicting a minor engaging in sexual conduct (PC 311.11(a) and 311.11(c)) can lead to severe immigration consequences for non U.S. citizens, including deportation or denial of reentry into the United States. PC 311.11(a) and 311.11(c) are crime involving moral turpitude. For more information on crimes involving moral turpitude and deportable immigrants, see immigration consequences for criminal convictions.

Collateral Penalties: In addition to the punishments listed above, if found guilty of possession of child pornography (PC 311.11(a) or 311.11(c), the defendant may face any of the following: fines and court fees, restitution to victims, criminal protective orders, restraining orders, loss of a professional license, loss of civil rights (including the right to own firearms for felony convictions of PC 311 crimes), and more.

Defenses to Penal Code 311 Crimes

For more information on defenses, including defenses to the crime of possession of child pornography (PC 311.11(a) and 311.11(c)), please visit defenses.

If you charged with any child pornography crime, including possession of obscene matter depicting a minor engaging in sexual conduct (PC 311.11(a) or 311.11(c)), contact our sex crimes criminal defense attorneys for a free consultation. Our team is experienced and successful in defending against sex crimes charges, including possession of child pornography charges. Call today!

PC 311.11(a) Sentence & Punishment

Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.

Jail or Prison Sentence: Oral copulation on a minor (PC 288a(b)(1)), is classified as a wobbler, which means the crime is charged as a felony or as a misdemeanor. The maximum sentence after a conviction for felony PC 288a(b)(1) is three (3) years in state prison. The maximum sentence after a conviction for misdemeanor PC 288a(b)(1) is one (1) year in county jail.

Whether or not the district attorney files felony or misdemeanor charges in any PC 288a(b)(1) case depends largely on the facts of the case and the defendants criminal history. In some cases, it may be possible for a criminal defense attorney to pursuade a judge that the charges should be reclassified from a felony to a misdemeanor.

PC 311.11(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:

PC 311.11(c)(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.

PC 311.11(c)(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.

PC 311.11(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 PC 311.11(a), a felony.

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PC PC 311.11(a): Possession of Child Pornography

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