BILL NUMBER: AB 2189	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 18, 2010

   An act to amend Section 311.10 of the Penal Code, relating to sex
offenses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2189, as introduced, Torrico. Sex offenders: child pornography:
distribution.
   Under existing law it is a felony to advertise for sale or
distribution any obscene matter that depicts a person under 18 years
of age engaging in sexual conduct.
   This bill would make technical, nonsubstantive changes 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 311.10 of the Penal Code is amended to read:
   311.10.  (a) Any person who advertises for sale or distribution
any obscene matter knowing that it depicts a person under 
the age of  18 years  of age  personally engaging
in or personally simulating sexual conduct, as defined in Section
311.4, is guilty of a felony and is punishable by imprisonment in the
state prison for two, three, or four years, or in a county jail not
exceeding one year, or by a fine not exceeding fifty thousand dollars
($50,000), or by both  such   that  fine
and imprisonment.
   (b) Subdivision (a) shall not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses.