BILL NUMBER: AB 1012	CHAPTERED  10/07/01

	CHAPTER  559
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2001
	APPROVED BY GOVERNOR  OCTOBER 5, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 13, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  JULY 16, 2001
	AMENDED IN ASSEMBLY  MAY 31, 2001
	AMENDED IN ASSEMBLY  MARCH 27, 2001

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 23, 2001

   An act to amend Section 311.11 of the Penal Code, relating to
child pornography.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1012, Corbett.  Child Pornography.
   Under existing law, possession of child pornography is an offense
generally punishable as a misdemeanor.  Possession of child
pornography is a felony under existing law if the defendant has
previously been convicted of possession of child pornography.
   This bill would make possession of child pornography a felony if a
person has a prior conviction for specified offenses, including
possession of child pornography, sale, distribution, or production of
matter depicting sexual conduct by a minor, and use of a minor to
produce matter depicting sexual conduct by a minor.
   By making a misdemeanor a felony based upon a prior conviction for
any of the specified offenses, this bill would create a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 311.11 of the Penal Code is amended to read:
   311.11.  (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 Section 311.4, is guilty of a public
offense and shall be punished by imprisonment in the 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.
   (b) If a person has been previously convicted of a violation of
this section, or of a violation of subdivision (b) of Section 311.2,
or subdivision (b) of Section 311.4, he or she is guilty of a felony
and shall be punished by imprisonment for two, four, or six years.
   (c) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
   (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.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.