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 311.1 of the Penal Code is amended to
2read:
(a) begin deleteEvery end deletebegin insertAnyend insertbegin insert end insertperson who knowingly sends or causes
4to be sent, or brings or causes to be brought, into this state for sale
5or distribution, or in this state possesses, prepares, publishes,
P2 1produces, develops, duplicates, or prints any representation of
2information, data, or image, including, but not limited to, any film,
3filmstrip, photograph, negative, slide, photocopy, videotape, video
4laser disc, computer hardware, computer software, computer floppy
5disc, data storage media, CD-ROM, or
computer-generated
6equipment or any other computer-generated image that contains
7or incorporates in any manner, any film or filmstrip, with intent
8to distribute or to exhibit to, or to exchange with, others, or who
9offers to distribute, distributes, or exhibits to, or exchanges with,
10others, any obscene matter, knowing that the matter depicts a
11person under the age of 18 years personally engaging in or
12personally simulating sexual conduct, as defined in Section 311.4,
13shall be punished either by imprisonment in the county jail for up
14to one year, by a fine not to exceed one thousand dollars ($1,000),
15or by both the fine and imprisonment, or by imprisonment in the
16state prison, by a fine not to exceed ten thousand dollars ($10,000),
17or by the fine and imprisonment.
18(b) This section does not apply to the activities of law
19enforcement and prosecuting agencies in the investigation and
20prosecution of criminal offenses or to legitimate medical,
scientific,
21or educational activities, or to lawful conduct between spouses.
22(c) This section does not apply to matter which depicts a child
23under the age of 18, which child is legally emancipated, including
24lawful conduct between spouses when one or both are under the
25age of 18.
26(d) It does not constitute a violation of this section for a
27telephone corporation, as defined by Section 234 of the Public
28Utilities Code, to carry or transmit messages described in this
29chapter or perform related activities in providing telephone
30services.
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