Penal Code 311.4 PC – Employing Minors to Sell or Distribute Pornography
California Penal Code 311.4 PC makes it a crime to use or coerce a minor under the age of 18 to appear in child pornography. Suppose you had the intent to profit from pornography. In that case, a conviction carries up to eight years in state prison.
Like other states, child porn is considered a severe offense in California, and any conviction will carry harsh penalties, especially in the case of distributing it. Simply put, it's a felony to employ, coerce, or persuade anyone under 18 to participate in pornography or otherwise to sell or distribute it.
PC 311.4 says, “(a) Every person who, with the knowledge that a person is a minor, or who, while in possession of any facts based on which they should reasonably know that the person is a minor, hires, employs, or uses the minor to do or assist in doing any of the acts described in Section 311.2, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding $2,000, or by both that fine and imprisonment or by imprisonment in the state prison.
If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding $50,000.
(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 they 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 their control who knowingly permits the minor, to engage in or assist others to engage in 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.”
Penal Code 311.4 PC - Explained
PC 311.4 criminalizes the creation, distribution, and possession of child pornography and is designed to protect minors from exploitation and abuse.
This sex crime law makes it a felony crime to involve minors in the making or distributing of “obscene matter.” Under Penal Code 311.4 PC, using, coercing, or persuading a minor under 18 to model, pose, or participate in pornography is a felony.
“Obscene matter” is broadly defined as offensive depictions of sexual conduct involving and is a constant issue of debate considering the infamous porn industry primarily located in California's San Fernando Valley. “Matter” within the term “obscene matter” is virtually any type of representation or physical or digital storage, such as the following:
- Film,
- Filmstrips,
- Photographs,
- Negatives,
- Slides,
- Videotape,
- Computer hardware,
- Software,
- Data storage,
- Computer-generated imagery.
“Sexual conduct” covers a broad range of actual or simulated activities, such as sexual intercourse, oral copulation, anal sex, masturbation, bestiality, or exposure of private parts for sexual stimulation.
Notably, when children or minors under 18 are involved in any production or distribution of child porn, the description of “obscene matter” is not debated.
Simply put, children and minors in pornography, whether participating or selling, are considered a severe crime in California. Under PC 311.4, it's illegal to do any of the following:
- Engaging a minor to produce or distribute obscene matter as defined under Penal Code 311.2 PC.
- Knowingly promote, employ, use, persuade, induce, or coerce minors under the age of 18 to pose or model alone or with other people that depict any type of sexual activity, whether actual or simulated.
What Is the PC 311.4 Penalties?
Employing, inducing, or coercing a minor to pose, model, or act in child pornography is a felony offense. The penalties under PC 311.4 will always depend on the circumstances of the production of the obscene matter, such as the following:
- If you had no commercial intentions, you can be sentenced to 16 months, two, or three years.
- If you intend to sell pornography, you can be sentenced to state prison for three, six, or eight years.
If you simply employed a minor to help exhibit, distribute, or sell obscene material, it could prosecute as a “wobbler,” meaning a misdemeanor or a felony with the following penalties:
- Misdemeanor penalties include up to one year in county jail and a fine of up to $2,000.
- Felony penalties include 16 months, two or three years in state prison, and a fine of up to $10,000.
- Repeat offenders can face a penalty enhancement of an additional fine of up to $50,000.
Do You Have to Register as a Sex Offender?
If you are convicted of violating Penal Code 311.4 PC by employing children to sell or distribute pornography, you will be required to register as a sex offender in California.
You must annually renew your registration with the local police every time you move. Sex registration details are as follows:
- If convicted of a misdemeanor, you will register as a Tier 1 offender for at least ten years.
- If convicted of a felony, you will register as a Tier 3 offender for life.
What Is the PC 311.4 Defenses?
Suppose you are accused of violating PC 311.4. In that case, our California sex crime lawyers can use different strategies to obtain the best possible outcome, such as the following:
- No sexual activity by a minor under 18.
- Insufficient evidence.
- Mistake of fact.
- Violations of your legal rights.
- Statute of limitations.
Maybe we can argue that no minors were employed to make pornography. Perhaps the participants appeared young physically but were over the age of 18 at the time they helped you make or distribute the pornography. Maybe we can argue that you reasonably believed all participants were over 18. Perhaps they gave you a fake ID to show they were over 18.
Maybe we can argue that you did not know you were distributing pornography. Perhaps you were distributing videos or films without knowing what type of material was on them and inadvertently hired a minor to sell them.
Perhaps we can argue there is insufficient evidence to prove you intentionally engaged in producing, duplicating, transferring, or advertising child pornography, which is essential to convict you under Penal Code 311.4 PC.
Perhaps we can argue that the digital footprint evidence is inconclusive and has no definitive link to your conduct. We could use it as a defense if you were given a hard drive with files already on it but had no knowledge of its contents.
PC 311.4 charges are subjected to time constraints for prosecution. Perhaps we can argue your charges are barred because the statutory period has expired.
Perhaps we can argue there was a violation of your constitutional rights during the investigation or arrest. Maybe law enforcement conducted an illegal search or seizure to obtain the material.
Perhaps we can argue the evidence should be excluded, potentially resulting in a case dismissal. If the police searched your property without a warrant or proper consent, we could use this defense.
Maybe we can negotiate with the District Attorney for reduced charges or a case dismissal. Through prefiling intervention, we might persuade the prosecuting agency not to file formal criminal charges, called a “DA reject.” Contact us for more information. The Hedding Law Firm is based in Los Angeles, CA.
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