If you have been arrested for the crime of Possession of Child Porn, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

• California Penal Code 311.11 pc Possession of Child Pornography

California Penal Code 311.11 pc [Possession of child porn] — Possession or control of matter depicting minor engaging or simulating sexual conduct; punishment; previous conviction. (“(a) 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 or filmstrip, the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of [California Penal Code] Section 311.4 [employing a child to perform/participate in child pornography], 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.”

California Penal Code 311.4 — Employment or use of minor to perform prohibited acts [related to child pornography]; previous conviction; exception. (“(b) Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in [acts constituting child porn] either posing or modeling alone or with others for purposes of preparing 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 a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, for commercial purposes, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c) Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age] e of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in [acts of California child pornography by] either posing or modeling alone or with others for purposes of preparing 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 a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, is guilty of a felony. It is not necessary to prove commercial purposes in order to establish a violation of this subdivision.”

“(a) It shall be a defense in any prosecution for a violation of this chapter [relating to child porn] that the act charged was committed in aid of legitimate scientific or educational purposes.”

People v. Kurey, (2001) 88 Cal.App.4th 840, 847. With respect to a prosecution of an individual accused of possessing child pornography…(“Expert testimony is allowed on any subject where the witness has “special knowledge, skill, experience, training or education in a particular subject.”…The age of the actors was an element of the offense and the testimony of the experts was relevant to the conclusion. Once the trial judge determined the experts had sufficient qualifications, they could testify. Once their testimony was received, it was then up to the fact finder to evaluate that testimony and give it the weight to which it was entitled. ”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section  311 Possession of Child Pornography.