California Penal Code 311.1 addresses the serious crime of possession of child pornography. Under this law, it is illegal to knowingly possess, produce, distribute, or transport material depicting a minor engaged in sexual conduct.

What is PC 311.1?

PC 311.1 makes it illegal to:

This law covers a wide range of media, including photographs, films, digital images, and even computer-generated content.

To be found guilty of violating PC 311.1, the state must prove beyond a reasonable doubt that the defendant:

1. Knowingly possessed the material,
2. They had an intent to distribute or share the content, and
3. They knew that the material depicted a minor in a sexual situation.

It is important to note that PC 311.1 is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history. However, penalties for a conviction can be severe:

• Misdemeanor: Up to one year in county jail and a fine of up to $1,000.
• Felony: Between 16 months and 3 years in state prison and a fine of up to $10,000.

Additionally, if convicted, the defendant is required to register as a sex offender, which can have long-lasting impacts on their personal and professional life.

Experienced PC 311.1 Defense with Sigal Law Group

Defending against PC 311.1 charges requires a nuanced approach. Possible defense strategies may include the following:

• Mistaken identity or the lack of actual possession of the material.
• The Illegal search and seizure of evidence.
• An absence of the intent to distribute the material.
• A lack of knowledge about the content or age of the individuals depicted.

Another interesting defense to note is proving that the individual or individuals in the material are emancipated. Emancipated individuals under the age of 18 are not considered minors in California. Thus, PC 311.1 does not apply to material of emancipated individuals.

Given the serious nature of these charges and the potential for life-altering consequences, it is crucial for anyone accused of violating PC 311.1 to seek experienced legal counsel immediately.

The Sigal Law Group will thoroughly examine the evidence against you and create a strategic defense that guarantees the best possible outcome for your case. Contact our offices today for a free consultation.