BILL NUMBER: AB 2627	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 21, 2014

   An act to amend Section 311.1 of the Penal Code, relating to
obscene matter.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2627, as introduced, Fox. Obscene matter.
   Existing law generally makes it a crime for anyone who knowingly
sends or causes to be sent, or brings or causes to be brought, into
this state for sale or distribution, or in this state possesses,
prepares, publishes, produces, develops, duplicates, with intent to
distribute or to exhibit to, or to exchange with, others, or who
offers to distribute, distributes, or exhibits to, or exchanges with,
others, any obscene matter, knowing that the matter depicts a person
under the age of 18 years personally engaging in or personally
simulating sexual conduct.
   This bill would make a technical, nonsubstantive change to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 311.1 of the Penal Code is amended to read:
   311.1.  (a)  Every   Any   
person who knowingly sends or causes to be sent, or brings or causes
to be brought, into this state for sale or distribution, or in this
state possesses, prepares, publishes, produces, develops, duplicates,
or prints 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 or filmstrip, with intent to distribute or to exhibit to,
or to exchange with, others, or who offers to distribute,
distributes, or exhibits to, or exchanges with, others, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating sexual conduct,
as defined in Section 311.4, shall be punished either by
imprisonment in the county jail for up to one year, by a fine not to
exceed one thousand dollars ($1,000), or by both the fine and
imprisonment, or by imprisonment in the state prison, by a fine not
to exceed ten thousand dollars ($10,000), or by the fine and
imprisonment.
   (b) This section does not apply to the activities of law
enforcement and prosecuting agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
   (c) This section does not apply to matter which depicts a child
under the age of 18, which child is legally emancipated, including
lawful conduct between spouses when one or both are under the age of
18.
   (d) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or perform related activities in providing telephone
services.