PC 311.1(a) Send, Bring or Possess Child Porn in CA. Sex Crimes Criminal Defense Lawyers Explain Penal Code 311.1(a).
- sexcrimesdefensela
- Apr 6
- 6 min read
Information on the crime of sending, bringing or possessing child pornography in California is found at California penal code section 311.1 (PC 311.1).
The following is a summary of the law, penalties, and common defenses related to the crime of PC 311.1. For further information, please contact our sex crimes criminal defense lawyers for a free case evaluation.
PC 311.1 (Abbrev).
Per PC 311.1(a) Every person who knowingly sends, brings, or possesses, child porn in California, for sale or distribution, or any person who prepares, publishes, produces, develops, duplicates, or prints child pornography in the state of California, with the intent to distribute of exhibit the child pornography, is guilty of penal code 311.1(a) [PC 311.1(a) Abbrev.].
For purposes of penal code 311.1(a), “child pornography” is any depiction of a minor engaging in real or simulated sexual activity, including oral copulation, masturbation, sexual penetration, sexual intercourse, anal intercourse (sodomy), or lewd acts, either alone, or with another person or animal (bestiality).
Also, for purposes of PC 311.1(a) law, a “child” is any person under the age of eighteen (18) [i.e., a minor in California]. This is true even if the child [minor] would be considered an adult in another state from where the pornography originated.
PC 311.1(a) Penalties
Classification of Crime: The crime of bringing, sending, or possessing child pornography in California, as defined in PC 311.1(a), is classified as a “wobbler.” This means that PC 311.1(a) may be charged either as a misdemeanor, or alternatively as a felony.
Misdemeanor Jail Sentence: When PC 311.1(a) is charged as a misdemeanor, the defendant will face up to one year in the county jail. A probation sentence, with or without a jail sentence may be allowed in misdemeanor PC 311.1(a) cases.
Felony Prison Sentence: When PC 311.1(a) is charged as a felony, the defendant will face up to sixteen months (low term), two years (mid-term), or three years (high term) in a California state prison, depending on the presence or absence of any mitigating or aggravating circumstances present in the facts of the case. A probation sentence, with or without a jail sentence may be allowed in felony PC 311.1(a) cases.
Prison Presumptive Sentence: If the defendant is convicted of bringing, sending or possessing child pornography, as charged in PC 311.1(a), and the defendant is not granted a probation sentence, then the defendant must serve his or her incarceration in a California state prison, as opposed to a local county jail, and no part of that prison sentence may be split (served partially out of prison on work release), or suspended (not served subject to conditions set by the court) [PC 1170(h)].
Example: David is convicted of felony PC 311.1(a). The judge declines to grant David a probation sentence; therefore, David must be sentenced to either sixteen months, two years, or three years in prison, depending on the factors related to the circumstances of David’s crime. Plus, David must serve his entire sentence in a California state prison.
Note: A prison sentence related to felony PC 311.1(a) conviction will be followed by three years of Post-Release Community Supervision (PRCS), which is monitored by local probation officers with the goal of both monitoring and reintegrating the parolee back into society after prison.
Probation Sentence: A probation sentence is a period of supervision, as opposed to incarceration in a county jail or state prison. A probation sentence is allowed after both misdemeanor and felony PC 311.1(a) convictions, but a probation sentence is never guaranteed.
Whether a probation sentence is granted after a conviction of bringing, sending or possessing child pornography depends on many factors, including the defendant’s criminal history, the harm, if any, caused to any victim, the terms of any negotiated plea bargain between the district attorney and the defendant, and more.
Note: A probation sentence carries “terms of probation” that must be fulfilled to remain on probation. Sometimes, a term of probation is that the defendant serves a jail sentence; however, when a jail sentence is term of probation, the defendant may usually serve that jail sentence alternatively on work release.
Example: John is convicted of misdemeanor PC 311.1(a). John is placed on summary probation (misdemeanor probation) with the condition that John serves thirty days in the county jail. As a result, John may be allowed to serve his thirty days on work release, as opposed to incarceration in the county jail, unless the court specifically requires county jail in the record of conviction.
Note: The length of probation is determined by law. Felony probation related to PC 311.1(a) conviction is two years per PC 1203.1(a). Misdemeanor probation is one year for misdemeanor violations of penal code 311.1(a).
Three Strikes Law: The crime of bring, send or possess child pornography, as charged in PC 311.1(a), is not a strike offense in California. However, if the defendant has two prior strike offenses, then a subsequent felony conviction of PC 311.1(a) may trigger a third strike offense under California’s Three Strikes Sentencing Law.
PC 290 Registration: A conviction for PC 311.1(a) results in the defendant being required to register as a sex offender with law enforcement. A felony conviction of PC 311.1(a) results in a twenty-year sex offender registration period. A misdemeanor conviction of PC 311.1(a) results in a ten-year sex offender registration period (PC 290).
CIMT: The crime of bring, send or possess child pornography (obscene matter depicting a child) is classified as a “crime involving moral turpitude,” or CIMT. A conviction for a crime involving moral turpitude, including any conviction for misdemeanor felony PC 311.1(a) will result in adverse consequences for non-US citizens (deportation and denial naturalization), licensed professionals (denial or loss of a professional license), and military personnel (discharge or denial of entry).
Firearm Restriction: A felony conviction for the crime of bring, send or possess child pornography will result in a lifetime firearm ban (including firearm ammunition and body armor). A misdemeanor conviction for the crime of bring, send or possess child pornography will not result in firearm prohibition.
Additional Penalties: In addition, the penalties listed above, a conviction for misdemeanor or felony PC 311.1(a) will result in court fines and fees, loss of scholarship opportunities, criminal protective orders, restitution orders, loss of reputation and rights regarding adoption of children, and more.
PC 311.1(a) Defenses
Common defenses to a criminal charge of bring, send or possess child pornography in California include insufficient evidence to prove intent of the defendant, coerced confession of the defendant, entrapment, illegal search and seizure, mistake of fact as to the nature of the matter possessed, and more.
Statute of Limitations: The statute of limitations for both misdemeanor and felony violations of PC 311.1(a) is ten years from the date of the alleged offense. For more information, see Statute of Limitations for Sex Crimes in California.
Statutory Defenses: PC 311.1(a) does not apply to law enforcement and prosecuting agencies related to the detection and prosecution of persons engage in illegally bringing, sending, or possessing or child pornography (PC 311.1(b) Abbrev.).
Also, PC 311.1(a) does not apply to matter that depicts a child under eighteen years of age when the child is legally emancipated, or the sexual conduct depicted occurs between lawfully married spouses (PC 311.1(c) Abbrev.).
Reclassification of Crime: In some cases, when the defendant is charged with a felony violation of penal code 311.1(a), the defendant may petition the court to have his or her felony charges reduced to misdemeanor charges, depending on the circumstances of the case (PC 17(B)).
Post-Conviction Relief: After a conviction of the crime of bringing, sending, distributing, or possessing child pornography in California (PC 311.1(a)), the defendant may have post-conviction remedies, depending on the circumstances of the defendant’s conviction. These post-conviction remedies for PC 311.1(a) include:
Appeal the Conviction
Reduce Felony to Misdemeanor
Withdraw a Guilty Plea
Terminate a Probation Sentence
Terminate Criminal Protective Order
To learn more about the crime of sell, bring, distribute, or possess child porn in California, or penal code 311.1(a), contact our California sex crimes criminal defense lawyers today for a free consultation.
Our highly experienced sex crimes criminal defense lawyers have successfully handled hundreds of misdemeanor and felony sex crimes in So. Cal, including penal code 311.1(a) criminal charges. We can help you too. Call today!
909-913-3138
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