California has specific laws in place to regulate the production, distribution, and exhibition of pornography within its state borders. Individuals who fail to follow these laws can face serious criminal charges and fines.

If you or someone you know has been charged with an online pornography charge, you need a strong defense. Contact Sigal Law Group today for a free consultation.

What is Pornography in California?

The legal definition of pornography and obscenity are the keys to understanding what is actually being regulated by the state's statutes. For instance, pornography generally refers to sexually explicit material that is intended to cause sexual arousal or gratification. Obscenity is material that appeals to lascivious interests, shows or describes sexual conduct in a deliberately offensive way, and lacks any serious literary, artistic, scientific, or political value.

According to California law, there is a three-pronged test for whether material is obscene:

1. Does the average person find that the material appeals to lascivious interests, such as an excessive or unhealthy interest in sexual matters?

2. Does the material show or describe sexual conduct in a way that is deliberately offensive?

3. And does the material have any serious scientific, political, artistic, or literary value?

Online Pornography Age Verification and Consent in California

Most of the online pornography laws in place in California are meant to protect minors from being exploited and for adult performers from being involved without their consent.

Under Penal Code 311, California has explicitly outlawed child pornography, including the possession, production, and distribution of sexually explicit material that involves minors. As such, California law also makes it mandatory for performers to have their ages verified and for production companies to maintain such records.

Moreover, adult performers must provide voluntary and informed consent before engaging in any explicit acts. They must sign contracts or agreements that outline the nature of the work they will be performing, and the production company must maintain these records as well.

Defend Against Statutory Rape

If you have been accused of violating one of the many online pornography laws in California, you could face fines of upwards of thousands of dollars, imprisonment in a California state prison for up to several years, and even probation and supervision, including regular check-ins with probation officers. In some cases, it may also include being placed on the sex offenders registry.

You need a strong defense. Contact Sigal Law Group today for a free consultation.