California's laws prohibiting child pornography or the "sexual exploitation of a child" (often viewed as a form of child abuse) are typically felonies under Penal Code 311. Depending on the circumstance, you may be charged with a state or federal crime.
If convicted of a child porn offense, you are subject to heavy fines, incarceration, and, perhaps the most devastating penalty of all, Penal Code 290 registration as a sex offender.
Entrapment, mistake, and, of course, outright innocence are just some of the defenses that make this charge certainly one worth fighting. Just because you are accused of a crime relating to child pornography does not mean that you must be convicted of that crime.
In order to better understand the crime of child pornography...and the defenses that are applicable to it...our Los Angeles criminal defense attorneys will provide a comprehensive guide to California child pornography laws by addressing the following topics:
If, after reading this article, you would like more information, we invite you to contact us. You may also find helpful information in our related articles on Penal Code 290 Registration as a Sex Offender, Penal Code 273d Child Abuse, Penal Code 273a Child Endangerment, Penal Code 288 Lewd Acts with a Minor, and California Search Warrants.
California child pornography law is most clearly defined under the Penal Code's 311 sections as material that depicts minors engaged in or simulating sexual conduct.1 Neither a minor, nor his/her parent can legally consent to such participation in these types of activities.
"Sexual conduct" includes:
- intercourse, oral sex, anal sex, lewd and lascivious acts, or any excretory functions performed in a lewd and lascivious manner between people (regardless of gender) or between people and animals, or
- any penetration of the vagina or rectum by any object, and
- sadomasochistic abuse,
- exhibition of the genitals, pubic or rectal area, or
- defecation or urination for the purpose of sexually arousing the viewer.2
"Simulating" sexual conduct means giving the appearance of participating in a sexual act.3
There are a variety of offenses that you can be prosecuted for involving child pornography. These include (but are not limited to):
- Penal Codes 311.1(a) and 311.2(b) distributing child pornography4,
- Penal Code 311.4 employing minors to participate in or help produce child porn5,
- Penal Code 311.11 possessing child porn6,
- Penal Code 311.10 advertising child pornography7, and
- Penal Code 311.3 developing, duplicating, printing, or exchanging child porn8.
For purposes of California child pornography laws, a "child" is anyone under 18, unless he/she is an emancipated minor or involved in lawful conduct between spouses when either or both of the individuals are under 18.9
The state and federal laws relating to child porn are technical and complex, especially because the legislature has come up with so many different types of offenses that relate to this subject. This is one of the reasons why it is critical to contact a criminal defense attorney who understands exactly how to defend these types of allegations immediately upon your arrest.
Since there are a variety of ways that you can violate California's child pornography laws under Penal Code 311, there are also a variety of ways that prosecutors can convict you of these offenses.
The specific act with which you are charged, determines which facts the prosecutor must prove. There are at least two general facts (otherwise known as "elements of the crime") that the prosecutor must prove before he/she can convict you of any child pornography offense.
- That you "knowingly" committed one of the above acts, and
- That you knew (or reasonably should have known) that the persons involved were under 18.
Those two elements are common to any California child porn charge...beyond that, it truly depends on the exact allegations. For example, distribution of child pornography requires that the content be obscene10, whereas no such requirement is necessary to a charge of possession of child porn11.
"'Obscene matter' means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value."12
More simply put, content is obscene if the "average" person believes that the sexual conduct depicted is so offensive (targeting only those with an unusual sexual interest) to the point that it lacks any redeeming value. In order to determine if content is obscene, the judge or jury may look to the age of the minors depicted in the materials.13
So how does the prosecutor even find out about these activities? Largely through Internet sting operations.
Internet sting operations are constantly on the rise as one of the most popular ways to target and arrest those suspected of violating California child pornography laws. While the internet used to allow people to solicit, distribute, collect, and view child porn anonymously, that's not so much the case anymore.
Both local law enforcement agencies and the FBI are making Internet child porn stings one of their top priorities in an effort to zero in on this increasing phenomenon.
Officers and agents go on-line and pose as people interested in buying, selling, or exchanging child porn...they enter chat-rooms, pretending to be kids who may be interested in appearing in or working for those in the child pornography industry...they set up "hyperlinks" that allegedly lead to films of kids having sex...all in an effort to arrest anyone who is involved with any activity relating to child pornography.
How are the police getting your information?
Since the Internet is fairly new (relatively speaking), there isn't too much legislation regulating the obligations of Internet Service Providers "ISPs" (such as AOL, Earthlink, etc.). This means that ISPs usually cooperate with law enforcement agencies who subpoena information about their users. It also means that they may engage in a certain amount of self-regulation by removing sites dealing with child porn or by filtering the browsers and search engines that their customers use to locate such sites.
In addition, computer software is available that allows law enforcement to monitor online activity and identify the e-mail addresses of chat room contributors.
Peer to peer sharing
Another area where federal and California state officers are cracking down on individuals involved with child porn is in "peer to peer" sharing groups. Those who participate in peer to peer (otherwise known as P2P) groups eliminate an Internet server and directly link their computers together.
In much the same manner as Internet users, P2P groups were able to share, download, upload, and distribute child porn in a semi-private manner...however, this is no longer the case. As law enforcement becomes more technologically sophisticated, they are learning more ways to infiltrate these types of groups.
In one bust in particular, 55 people were charged with crimes involving child pornography and the use of peer to peer networks.14
Once the officers get your name from the ISP, they then apply for a search warrant.
California Search Warrants
Once the decoy officers see that you are interested in what they are offering, they take that evidence to a district attorney or straight to a judge to apply for a search warrant.
If granted, which they usually are in these types of cases15, California search warrants allow the officers or agents to search your home, office, computer files, etc. -- anywhere they reasonably suspect evidence of the suspected criminal activity will be discovered.
If your computer is confiscated, any downloaded images saved to your hard drive will be used against you. In addition, experts will deconstruct your hard drive to pull all files (even the deleted ones), evaluate when you were on-line, review your Web browser history, e-mail and chat logs...anything they can to obtain incriminating evidence.
In much the same manner as personal computers store information, mobile devices do as well. PDAs, cell phones, etc. are capable of receiving, storing, and sending images depicting child pornography.
Perhaps one of the most rampant forms of this is called sexting. "Sexting" refers to the sexual messages and naked pictures that kids are sending to their girlfriends/boyfriends. Anyone (including kids) who "sexts" an image of a naked or partially naked minor is subject to prosecution for violating California child pornography laws...and to the devastating consequences that are imposed in connection with these violations.16
Fortunately, there are many defenses that an experienced California child pornography lawyer can present on your behalf. The following is a brief description of some of the most popular.
California entrapment law acts as a defense to Penal Code 311 child porn charges when the police entice or persuade you to commit a crime that you otherwise had no intention of committing.
Example: You are visiting what you believe is an adults-only chat room and are engaged in a conversation by an undercover officer who begins asking you questions about children engaged in sex acts. Perhaps you're intrigued, believing that you're simply fantasizing about a taboo topic and entertain the conversation when illegal activity is ultimately suggested.
Another common situation occurs when an undercover officer convinces you in a chat room or via a "spam pop-up" to buy child porn...something that you had never previously entertained the idea of.
Depending on the exact circumstances, your California criminal defense attorney could argue that you had no predisposition to engage in a child porn offense, but only did so based on the officer luring you into to do so.
Illegal search and seizure
Illegal search and seizure may be raised as a defense if the cops either (1) obtained an illegal search warrant (if, for example, they didn't follow the proper procedures to obtain it or supplied false information to do so), or (2) searched or seized property that was "beyond the scope" of what was described in the warrant.
Innocence / mistake / no knowledge / no intent
Spam may advertise child porn...a pop-up link may appear while you're browsing an unrelated site...you may accidentally view a child pornography site by simply mistyping a key word or by going to a .com site instead of a .net site...
Any of these situations could act as a defense to you knowingly and intentionally viewing or otherwise engaging in an activity dealing with child porn. If illegal content is sent (without your permission) to your e-mail or accidentally downloaded to your computer, you can't be convicted of violating California's child pornography laws.
The content isn't applicable
Even though it may depict children engaged in sexually explicit activities, there are some types of "content" that are excluded from child pornography prosecutions. Possessing "pornographic" images of minors in drawings, figurines, statues or in films that have been rated by the Motion Picture Association of America are exempt from California child pornography laws.17
Similarly, if you possess or distribute images that are used for "legitimate educational or scientific purposes", you must be acquitted of these charges.18 The judge or jury will determine whether the material meets that definition.
- The group who will view the material,
- the purpose for which they will view it, and
- the likelihood that it will fall into the hands of another
are some of the questions that the judge/jury will consider when evaluating this defense.
In order to be convicted of any California child pornography offense, the people depicted in the materials must be under 18. With respect to certain offenses (such as possession under Penal Code 311.11 pc), the possessor must additionally know that the people are under 18.19
If you don't know that the participants are under 18, that may act as a defense to this charge. It follows that possessing porn labeled "barely legal", for example, would support your claim that you knew (or had reason to know) that the people shown were, in fact, adults. It should be noted that expert testimony may be introduced to establish the ages of the participants who appear in alleged pornographic matter.20
This would most likely be raised in a situation where, perhaps, you are engaged in a nasty custody proceeding and your ex "plants" evidence of child porn in your home, office, car, etc. or downloads this type of material onto your computer. Or maybe the material was discovered at your home or work, but it really belonged to someone else.
Perhaps you are guilty of the charged offense. If it can be shown that you have a psychological addiction to the material (and are remorseful about your conduct), you may be able to receive leniency from the court and counseling as a part of your probationary sentence.
Your California child pornography attorney could argue that the interests of justice would be better served if you could receive a sentence designed to rehabilitate (rather than punish) you based on your recognized medical condition.
If you are convicted for violating a California child pornography law under Penal Code 311, you face a variety of penalties and sentencing, depending on (1) the exact offense with which you are charged, (2) your criminal history, and (3) whether you are charged with a state or federal crime.
As previously stated, child porn offenses are typically prosecuted as felonies, although they can be charged as misdemeanors.
Misdemeanor California child pornography sentences can include jail sentences of up to one year and fines of up to $2,500. Felony sentences can include California State Prison sentences between sixteen months and eight years with fines of up to $100,000.21
If you have a prior conviction for the same or a similar offense, you face even harsher punishment, which is typically imposed in the form of a longer prison sentence.
Perhaps the most significant penalty that you face is lifetime registration as a sex offender under Penal Code 290. Failing to register as a sex offender pursuant to California Penal Code 290 subjects you to an additional three years in the state prison.22
There are a number of offenses that relate to California child pornography law. The following are some examples.
Penal Code 273a child endangerment
California child endangerment laws under Penal Code 273d prohibit willfully placing your child in a situation where his/her physical or mental health may be endangered.23
It follows that if you permit your child to work in or on a project involving child porn, you may be charged with this offense, either because (1) his/her physical health could be endangered (picking up a STD, for example), or (2) his/her mental health could be affected simply by virtue of being in that environment.
Penal Code 288 lewd acts with a minor
California's lewd acts with a minor laws (Penal Code 288) prohibit touching a child under 14 in any way (or under 15 if you are more than 10 years older than the child) if done for the purpose of sexually arousing yourself or the child.24
If you are engaged in making child porn and touch the minors to demonstrate how you would like them to perform, you could be charged with this offense as well. The prosecutor would probably argue that simply being in this line of work means that you would be touching the child for your own arousal.
Similarly, if you are showing child porn to one of the minors in an effort to arouse them to perform a scene or suggestive pose, you may be charged with an enhanced sentence if the persons involved are under 14.25
On that note, even if you aren't involved with making child porn but are accused of committing lewd acts with a minor...but show child porn to the minor intending to arouse yourself or the child...you will likely be charged with Penal Code 288 and possession of child pornography.
Penal Code 272 contributing to the delinquency of a minor
California's laws against contributing to the delinquency of a minor seek to protect children from being lured into activities that may endanger their well-being.26
If you are engaged in soliciting minors to use as actors in child pornography, you may be additionally charged with this offense.
Penal Code 288.3 contacting minor intending to commit a sex offense
In the same fashion as contributing to the delinquency of a minor, Penal Code 288.3 forbids you from contacting a minor...or from even attempting to contact a minor...if the purpose is to have him/her help distribute, participate in, or view child pornography.27
If you have additional questions or would like to discuss your case confidentially with California child pornography defense attorney, please don't hesitate to contact us. We have several conveniently located criminal law offices throughout the state, including the San Francisco Bay area, San Jose, Los Angeles, Orange County, Ventura, San Bernardino, Riverside, and San Diego.
Nevada child pornography laws, like those in California, make it a crime to produce, possess or trade in materials that portray children in a sexual context. Specifically, NRS 200.700 provides that "sexual portrayal means the depiction of a person in a manner which appeals to the prurient interest in sex and which does not have serious literary, artistic, political or scientific value."
While the definition of child porn is roughly the same as in California, Nevada imposes much tougher sentencing. A first offense possessor of child pornography in Nevada faces up to 6 years state prison, and life in prison on a repeat conviction. A person convicted of using or promoting the use of a child in pornography faces life in prison on a first offense.
Call us for help
If you or loved one is charged with Penal Code 311.3 & 311.11 PC child pornography and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
Sexual Recovery Institute - Provides assessment and treatment for sexually addictive behaviors, including child pornography
1California 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.")
2California Penal Code 311.3 and 311.4 pc. California Penal Code 311.3 -- Sexual exploitation of child. ("b) 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.")
California Penal Code 311.4 pc -- Employment or use of minor to perform prohibited acts [with respect to child porn]; previous conviction; exception. ("(d)(1) As used in subdivisions (b) and (c), "sexual conduct" means any of the following, whether actual or simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation, 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 as defined in [California Penal Code] Section 288, 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.")
3See California Penal Code 311.4, above. ("An act is simulated when it gives the appearance of being sexual conduct.")
4California Penal Codes 311.1(a) and 311.2(b). California Penal Code 311.2(b) -- Sending or bringing into state for sale or distribution [child pornography]... ("(b) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or 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, 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, with intent to distribute or to exhibit to, or to exchange with, others for commercial consideration, or who offers to distribute, distributes, or exhibits to, or exchanges with, others for commercial consideration, 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 [California child pornography], is guilty...")
California Penal Code 311.1(a) uses the same language, but makes no reference to "commercial consideration".
5California 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.")
6See endnote California Penal Code 311.11 -- Possession of child pornography, endnote 1, above.
7California Penal Code 311.10 pc -- Advertising for sale or distribution obscene matter depicting a person under the age of 18 years engaging in or simulating sexual conduct [child pornography]; felony; punishment. ("(a) Any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, is guilty of a felony and is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.")
8California Penal Code 311.3 pc -- Sexual exploitation of child. ("(a) A person is guilty of sexual exploitation of a child [commonly called child pornography] if he or she 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 or filmstrip that depicts a person under the age of 18 years engaged in an act of sexual conduct.")
9See California Penal Codes 311.1 and 311.2 endnote 4, above. ("This section [prohibiting acts that amount to child pornography] does not apply to matter which depicts a child under the age of 18, which child is legally emancipated, including lawful conduct between spouses when one or both are under the age of 18.")
10See same, endnote 4, above.
11See California Penal Code 311.11 -- Possession of child pornography, endnote 1, above. ("(c) It is not necessary to prove that the matter is obscene in order to establish a violation of this section.")
12California Penal Code 311 -- Definitions.
13See same - ("(3) In determining whether the matter taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the matter depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of [California Penal Code] Section 311.4, is a factor that may be considered in making that determination.")
14U.S. Immigrations and Customs Enforcement, August 19, 2008 -- 55 charged in multi-agency agency probe targeting use of peer-to-peer networks to exchange child pornography
15California Penal Code 1524 -- Issuance; grounds; special master. ("(a) A search warrant may be issued upon any of the following grounds: (5) When the property or things to be seized consist of evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under the age of 18 years, in violation of Section 311.11, [acts of child pornography] has occurred or is occurring.")
16CNN.com/crime, April 8, 2009 -- Commentary: Is 'sexting' child pornography?
17See California Penal Code 311.11 -- Possession of child pornography, endnote 1, above. ("(d) This section does not apply to drawings, figurines, statues, or any film rated by the Motion Picture Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.")
18California Penal Code 311.8 -- Defenses. ("(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.")
19See California Penal Code 311.11 -- Possession of child pornography, endnote 1, above.
20People 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. ")
21See California Penal Codes 311.1 - 311.11
22California Penal Code 290.018 -- Penalties for violation. ("(a) Any person who is required to register under the Act [registration of a sex offender] based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the Act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. (b) Except as provided in subdivisions (f), (h), and (j), any person who is required to register under the Act based on a felony conviction or juvenile adjudication who willfully violates any requirement of the Act or who has a prior conviction or juvenile adjudication for the offense of failing to register under the Act and who subsequently and willfully violates any requirement of the Act is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years.")
23California Penal Code 273a -- Willful harm or injury to child; endangering person or health; punishment; conditions of probation. ("(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.")
24California Penal Code 288 -- Lewd or lascivious acts; penalties; psychological harm to victim. ("(a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.")
25California Penal Code 667.15 -- Sex offenses involving minors; exhibition of sexually-explicit material [child pornography] during the commission or attempted commission of the offense; intent: sentence enhancement upon conviction. ("Any adult who, prior to or during the commission or attempted commission of a violation of Section 288 or 288.5, exhibits to the minor any matter, as defined in subdivision (d) of Section 311.11 [relating to California possession of child pornography], the production of which involves the use of a person under the age of 14 years, knowing that the matter depicts a person under the age of 14 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or of the minor, or with the intent, or for the purpose, of seducing the minor, shall be punished...")
26California Penal Code 272 -- Contributing to delinquency of persons under 18 years; persuading, luring, or transporting minors 12 years of age or younger. ("(a)(1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years.")
27California Penal Code 288.3 -- Contact of minor with intent to commit sexual offense; punishment. ("(a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section...311.1, 311.2, 311.4 or 311.11 [relating to offenses involving California child pornography] involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.")