California

Population

39,144,818

Population 0‑18

23.6%

Internet Users

73.5%
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

2006 – Microsoft agreed to settle a class action lawsuit filed in California in 1999, which claimed that Microsoft violated the state’s antitrust and unfair competition laws, thereby overcharging consumers for components of its operating system and Office software. The company committed to providing vouchers worth up to $1.1 billion to the California users of its software and, if less than the full amount of the settlement is claimed by individual consumers, to California public schools that serve students from low-income households.

2011 – The Assembly Bill 746 (the Cyberbully Prevention Bill) was signed into law. This Bill defines bullying by means of an electronic act to include posts made on social networking sites. Under this law, schools can take action against pupils who have bullied peers online, even when such posts were not made on school grounds or within the school day.

2013 – New Career Technology Education standards developed to update the 2005 guidelines were adopted by the State Board of Education. Academic and CTE teachers collaborated to align these guidelines with academic standards and to ensure career- and college-readiness.

2014 – Empowering Learning: A Blueprint for California Education Technology, 2014-2017 was released. The aim of the blueprint is to ensure the benefits of technology in the classroom.

California Department of Consumer Affairs

The department protects consumers through effective enforcement activities and oversight of California’s licensed professionals.

California Department of Technology

The department is responsible for procurement of the state’s largest information technology projects and oversees all state IT projects.

California Emerging Technology Fund

The nonprofit organization aims to close the “digital divide” by increasing Internet access and affordability for underserved populations.

California State PTA

The PTA is a volunteer-run organization which aims to represent, inform and mobilize members and the public to advocate for the education, health, safety and well-being of all children.

California Technology Assistance Project

CTAP is a statewide technical assistance program, funded by the California Department of Education (CDE). Intended to promote the effective use of technology in teaching, learning and school administration, CTAP provides assistance to schools and districts based upon local needs.

Consumer Federation of California

This nonprofit campaigns for state and federal laws that prioritize consumer protection, including online privacy.

Office of the Attorney General of California

California Attorney General Kamala Harris prioritizes protecting children online and teaching digital literacy in schools. Harris began her career specializing in prosecuting child sexual assault cases. Her website offers resources for parents and educators to protect children online, on topics ranging from smartphone use to cyberbullying.

Technology Information Center for Administrative Leadership

Funded by the California Department of Education and developed by the Santa Cruz County Office of Education, TICAL helps K-12 administrators provide informed and effective leadership in the use of technology to improve education.

Youth Policy Institute

The institute provides access to support services and educational choices, to prepare low-income Los Angeles residents for school and the workplace.

National Human Trafficking Resource Center: California State Report (2015)

National Human Trafficking Resource Center

This report compiles 2014 data on human trafficking, including the number of reports made to NHTRC and demographic data on the state's trafficking victims.

Ending the Commercial Sexual Exploitation of Children: A Call for Multi-System Collaboration in California (2013)

K. Walker,

The report covers commercial sexual exploitation of children in California, identifying vulnerable children and addressing possible solutions.

Digital Literacy Pathways in California (2010)

ICT Digital Literacy Leadership Council

This report outlines California's strategy for digital literacy.

Youth Voice Research Project: Victimization & Strategies (2010)

C. Nixon, S. Davis

Based on a survey of 13,000 teens, this book provides strategies for supporting mistreated youth, building positive bystander action, and creating inclusive school cultures.

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

  • AB 256, Chapter 700, Pupils: Grounds for Suspension and Expulsion: Bullying. Clarifies the role of schools in intervening in bullying cases that originate away from school, particularly through electronic acts. For the purposes of student suspension or expulsion from a school, an electronic act is defined as, “the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication.”
  • AB 9, Pupil Rights: Bullying, “Seth’s Law.” Requires discrimination and harassment codes in local education agencies to prohibit discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics, as specified. It also requires the process for receiving and investigating complaints to include complaints of discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics, as specified, and to include a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so, a timeline to investigate and resolve complaints, and an appeal process. Under this law, the Superintendent of Public Instruction is required to post, and annually update, on his or her Internet Web site, and to provide to each school district, a list of statewide resources, including community-based organizations, that provide support to youth who have been subjected to school-based discrimination, harassment, intimidation, or bullying, and their families. The law is named after 13-year-old Seth Walsh, who committed suicide after being harassed about his sexual orientation and identity.
  • AB 1156, Pupils: Bullying. This law expanded the definition of bullying and connected it to academic performance. It notes that bullying causes a substantial disruption and detrimental effect on students, and encourages training for school officials. Victims of bullying are give priority for transferring out of a school.
  • SB 719, Chapter 828, Bullying Prevention for School Safety and Crime Reduction Act of 2003. Requires the Department of Education to develop model policies on the prevention of bullying and on conflict resolution, makes the model policies available to school districts and authorizes school districts to adopt one or both policies for incorporation into the school safety plan.
  • A.B. 86, 2008 Code §32261, Lieu. Pupil safety. Gives school officials grounds to suspend a pupil or recommend a pupil for expulsion for bullying, including, but not limited to, bullying by electronic act. Bullying is defined as one or more acts by a pupil or group of pupils directed against another pupil that constitutes sexual harassment, hate violence, or severe or pervasive intentional harassment, threats, or intimidation that is disruptive, causes disorder, and invades the rights of others by creating an intimidating or hostile educational environment, and includes acts that are committed personally or by means of an electronic act.
  • SB-255, Chapter 466, “Revenge Porn” Law. States that any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct and subject to: (1) a first violation of that offense is punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment, and (2) a second or subsequent violation of that offense, or any violation of that offense in which the victim was, at the time of the offense, a minor, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $2,000, or by both that fine and imprisonment.
  • SB-568 “Privacy Rights for California Minors in the Digital World.” As of January 2015, operators of websites, online services and mobile applications are prohibited from marketing or advertising certain products to minors – for example, alcoholic beverages, firearms and drug paraphernalia. The bill also prohibits collecting and/or sharing minor’s personal information to advertise such products or services. Websites and similar online ventures are required to allow minors to remove or obtain removal of content they have posted on the website.
  • California Education Code §§ 51870-51874. The California Technology Assistance Project requires school districts receiving technology grants from the State Department of Education to have education technology plans. This includes educating students and teachers on the ethical uses of technology in the classroom, Internet safety, and how to plagiarism.
  • S.1492 “Broadband Data Improvement Act” (Title I) and “Protecting Children in the 21st Century Act” (Title II). This law requires that elementary and secondary schools having computers with Internet access may not receive services at discounted rates unless they submit to the Commission a certification that as part of their Internet safety policy they are “educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.”
  • California Online Privacy Protection Act. This law, which originally went into effect in 2004, was amended in 2013 to require new privacy disclosures for tracking online visits. The law applies to any party whose website collects personally identifiable information from California residents. It requires such websites to feature readily accessible privacy policies stating what information is collected and with whom it may be shared.
  • Section 18030.5, Education Act. Requires all public libraries that receive state funding and provides public access to the Internet to adopt a policy regarding Internet access by minors as of January 1, 2000. This policy must be made available to members of the public at every library branch.
  • Section 32261, Education Act. This section encourages school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will (among other things) reduce school crime and violence, including bullying committed personally or by means of an electronic act, which includes the posting of messages on a social network Internet website. An ‘electronic act’ is defined as the transmission of a communication, including a message, text, sound, or image, or a post on a social network site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager.
  • Section 51871.5, Education Act. This legislation requires schools to educate pupils on the ethical and safe use of education technology in the classroom. Internet safety is one of the specific topics listed in the section.
  • Section 261, Penal Code. Rape. Defines rape as an act of sexual intercourse accomplished under the following circumstances: against a person’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury; accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, ‘threatening to retaliate’ means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
  • Section 261.5, Penal Code. Unlawful Sexual Intercourse. Defines unlawful sexual intercourse as an act of sexual intercourse with a minor (a person under the age of eighteen). Anyone who engages in such an act with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. Where the minor victim is more than three years younger the offense will be deemed either a misdemeanor or a felony, punishable by imprisonment in a county jail for up to one year (for a misdemeanor) or sixteen months, two or three years (for a felony). This section also states that anyone, being 21 years of age or older, who engages in an act of unlawful sexual intercourse with a minor under sixteen years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail for up to one year (for a misdemeanor) or by imprisonment for two, three or four years (for a felony). Any adult guilty of unlawful sexual intercourse may also be liable for civil penalties in the following amounts: where the minor is less than two years younger than the adult, up to $2,000; where the minor is at least two years younger, up to $5,000; where the minor is at least three years younger, up to $10,000; where the adult is over the age of 21 and the minor is under sixteen years of age, up to $25,000.
  • Section 264, Penal Code. Punishment for Rape. Imposes a penalty of state imprisonment for three, six or eight years for anyone guilty of rape. Where the victim is under the age of fourteen and the act was committed by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury, an aggravated penalty of state imprisonment for nine, eleven or thirteen years will apply. If the victim is a minor of or above the age of fourteen, the offender will be liable to seven, nine or eleven years’ state imprisonment.
  • Section 264.1, Penal Code. This section states that anyone who, while voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed rape either personally or by aiding and abetting that other person, will be punished by imprisonment in the state prison for five, seven or nine years. If the victim was under the age of fourteen, the penalty will be increased to ten, twelve or fourteen years’ state imprisonment. If the victim is a minor of or above the age of fourteen, the offender will be liable to seven, nine or eleven years’ imprisonment.
  • Section 265, Penal Code. States that anyone who unlawfully takes any woman against her will and by force, menace or duress with the intent to defile her or compel her to marry him or another person will be liable to imprisonment in a county jail for sixteen months, or two or three years.
  • Section 266, Penal Code. Prostitution. States that anyone who entices an unmarried woman of previously chaste character under the age of eighteen for the purposes of prostitution or illicit carnal connection is liable to a fine of up to $2,000 and/or a prison term of up to one year. Anyone who aids or abets the commission of this offense will be liable to the same penalty.
  • Section 266a, Penal Code. Imposes a penalty of state imprisonment and a fine of up to $2,000 for anyone who, within California, takes a person against their will and without consent, or with consent procured by fraudulent means or misrepresentation, for the purpose of prostitution, which includes any lewd act between persons for money or other consideration.
  • Section 266b, Penal Code. States that anyone who uses force, menace or duress to take another person and compels the victim to live with the offender or another person in an illicit relationship against their will is liable to imprisonment for sixteen months, or two or three years.
  • Section 266c, Penal Code. States that anyone who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is intended to create fear, and which causes fear and makes a victim act against his/her free will, will be punished with imprisonment in a county jail for not more than one year or in the state prison for two, three, or four years.
  • Section 266d, Penal Code. States that bribing someone, to whom one is not married, into cohabitation, is a felony charge.
  • Section 266e, Penal Code. This law states that paying for prostitution or for the purpose of placing an individual in a house or place for immoral purposes against his/her own will is is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.
  • Section 266f, Penal Code. Selling a person or placing him/her in custody for immoral purposes, regardless of his/her consent, is a felony punishable by imprisonment in the state prison for 16 months, or two or three years.
  • Section 266g, Penal Code. States that it is illegal for a man to leave his wife in a place of prostitution or allow her to remain therein. This crime is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years; and in all prosecutions under this section a wife is a competent witness against her husband.
  • Section 266h, Penal Code. Defines the offense of pimping as living, wholly or in part, on the earnings of the prostitution of others, or from money loaned or advanced to or charged against a prostitute by any keeper or manager or inmate of a house or other place where prostitution is practiced, or soliciting or receiving compensation for soliciting. The offense is deemed to be a felony, punishable by imprisonment in the state prison for three, four or six years. Where the victim is a minor aged sixteen or above, the penalty is state imprisonment for three, four or six years. Where the victim is under the age of sixteen, the penalty is state imprisonment for three, six or eight years.
  • Section 266i, Penal Code. States that a person is guilty of pandering, a felony, and liable to imprisonment for three, four or six years, when the person: procures any other person for the purposes of prostitution; encourages, causes, induces or persuades another person to become a prostitute by promises, threats, violence or by any other device or scheme. It also applies to any person who procures for any other person a place as an inmate in a brothel; encourages, causes, induces or persuades an inmate or a brothel to remain therein by promises, threats, violence or by any other device or scheme. The same penalties apply to anyone who procures a person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within California, or to come into or leave California for the purpose of prostitution, by fraud or artifice, duress of person or goods, or by abuse of any position of confidence or authority; receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, a person for the purpose of prostitution. Where the victim is a minor of or above the age of sixteen, an increased penalty of state imprisonment for three, four or six years will apply. If the victim is under the age of sixteen, this will be further increased to three, six or eight years’ imprisonment.
  • Section 266j, Penal Code. Imposes a penalty of imprisonment in a state prison for three, six or eight years and a fine of up to $15,000 for anyone who gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of sixteen for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of sixteen to engage in such an act with another person. The offense is deemed a felony.
  • Section 266k, Penal Code. Upon a conviction for violation of Section 266h or 266i, the court may assess additional fines based on the seriousness of the crime, economic gain of the defendant and losses suffered by the victim. Such fines will be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund counseling centers and prevention programs for child sexual exploitation, child sexual abuse victims and victims of human trafficking.
  • Section 267, Penal Code. States that anyone who takes away any other person under the age of eighteen from the father, mother, guardian, or other person having the legal charge of the other person, without their consent, for the purpose of prostitution, is liable to imprisonment in the state prison, and a fine not exceeding $2,000.
  • Section 269, Penal Code. Aggravated Sexual Assault of a Child. States that anyone who commits any of the following acts upon a child under the age of fourteen and is seven or more years younger than the offender is guilty of a felony: rape against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person; rape or sexual penetration, in concert (section 264.1); sodomy (section 286); oral copulation (section 288 a); sexual penetration (section 289). The felony is punishable by imprisonment in the state prison for fifteen years to life. The court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions.
  • Section 286 (b), Penal Code. Sodomy. States that anyone who commits sodomy with a person under the age of eighteen will be liable to imprisonment in the state prison or a county jail for up to one year. Anyone over the age of 21 who participates in an act of sodomy with a child under the age of sixteen is guilty of a felony.
  • Section 286 (c), Penal Code. Imposes a penalty of state imprisonment for three, six or eight years for anyone who commits an act of sodomy with a child under the age of fourteen and who is more than ten years older than the child. The section also states that anyone who commits an act of sodomy against the victim’s will by means of force, violence, duress, menace or fear of immediate bodily injury will be liable to state imprisonment for three, six or eight years. An aggravated penalty of nine, eleven or thirteen years’ state imprisonment applies if the victim is under the age of fourteen. Where the victim is a minor of or over the age of fourteen, the penalty will be seven, nine or eleven years’ state imprisonment.
  • Section 286 (d), Penal Code. This section states that anyone who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy accomplished against the victim’s will by means of force or fear of immediate bodily injury, or by threatening to retaliate in the future against the victim or any other person, will be punished by imprisonment in the state prison for five, seven, or nine years. Where the victim is under fourteen years of age an increased penalty of ten, twelve or fourteen years’ imprisonment will apply. Where the victim is a minor of or over the age of fourteen, the penalty will be seven, nine or eleven years’ state imprisonment.
  • Section 288, Penal Code. Lewd Acts with a Child. This section states that anyone who willfully and lewdly commits any lewd or lascivious act upon or with the body of a child under the age of fourteen, with the intent of arousing, appealing to or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and will be punished by imprisonment in the state prison for three, six or eight years. Where the offender uses force, violence, duress, menace or fear of immediate and unlawful bodily injury, an aggravated penalty of imprisonment for five, eight or ten years will apply. The section also states that where the victim is fourteen or fifteen years old and the offender is at least ten years older than the child, the perpetrator is guilty of a public offense and liable to imprisonment in a state prison for one, two or three years, or imprisonment in a county jail for up to one year. The section also states that if, during the commission of an offense against Section 288a, the offender inflicted bodily harm on the victim, an increased penalty of imprisonment in the state prison for life with the possibility of parole will apply.
  • Section 288.2, Penal Code. This section states that it is a public offense to knowingly distribute, send, cause to be sent, exhibit, or offer to distribute or exhibit by any means, including electronic mail, the Internet or a commercial online service, any harmful matter to a minor with the intent of arousing appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of seducing a minor. The offense is punishable by imprisonment in a county jail for sixteen months, or two or three years. A second or subsequent offense under this section is deemed to be a felony. It is a defense to a charge under this section that a parent or guardian committed the act in aid of legitimate sex education, or that the act was committed for scientific or educational purposes by a person other than the victim’s parent or guardian. It does not constitute a violation of this section for a telephone corporation, a cable television company, an Internet service provider, or commercial online service provider to carry, broadcast or transmit messages described in this section or perform related activities in providing telephone, cable television, Internet, or commercial online services.
  • Section 288.3, Penal Code. This section states that anyone who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in section 207 or 209 (kidnapping), 261 or 264.1 (rape), 286 (sodomy), 288 (lewd acts with a child), 288a, 288.2, 289 (sexual penetration), 311.1, 311.2, 311.4 or 311.11 (obscene matter) involving the minor will be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense. The term ‘contact to communicate with’ includes direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. Any subsequent offense under this section will be punished by an additional and consecutive term of imprisonment in the state prison for five years.
  • Section 288.4, Penal Code. Defines the offense of arranging a meeting with a minor or person he/she believes to be a minor for the purpose of exposing his/her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, motivated by an unnatural or abnormal sexual interest in children. The penalty for this offense is a fine of up to $5,000, imprisonment in a county jail for up to one year, or both. Anyone who goes to the arranged meeting place at or about the arranged time will be liable to imprisonment in the state prison for two, three or four years. The section also states that anyone who was required to register under the Sex Offenders’ Registration Act according to section 290c of the Penal Code will be punished with imprisonment in the state prison.
  • Section 288.7, Penal Code. States that any person of or above the age of eighteen who engages in sexual intercourse or sodomy with a child aged ten or younger is guilty of a felony and liable to state imprisonment for a term of between 25 years to life. This section also states that any person of or above the age of eighteen who engages in oral copulation or sexual penetration (section 289) with a child who is ten years of age or younger is guilty of a felony and will be punished by imprisonment in the state prison for a term of fifteen years to life.
  • **Section 288a, Penal Code. Oral Copulation. Defines the offense of participating in an act of oral copulation with a minor under the age of eighteen and states that it is punishable by imprisonment in the state prison or a county jail for up to one year. Where the offender is over the age of 21 and the victim is under sixteen years of age, the offense is deemed to be a felony. Where the victim is under fourteen years of age and more than ten years younger than the offender, a penalty of imprisonment in the state prison for three, six or eight years will apply. The section also states that anyone who commits an act of oral copulation against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury, will be liable to imprisonment in the state prison for three, six or eight years. Where the victim is under the age of fourteen an increased penalty of imprisonment in the state prison for eight, ten or twelve years will apply. Where the victim is a minor of or above the age of fourteen the penalty will be six, eight or ten years’ imprisonment. Where the act of oral copulation is committed against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, the offender will be liable to imprisonment in the state prison for three, six or eight years. This section also states that anyone who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or by threatening to retaliate in the future against the victim or any other person, will be liable to a state prison term of five, seven or nine years. Where the victim is under the age of fourteen an increased penalty of imprisonment in the state prison for ten, twelve or fourteen years will apply. Where the victim is a minor of or above the age of fourteen the penalty will be eight, ten or twelve years’ imprisonment.
  • Section 289, Penal Code. Sexual Penetration. States that anyone who commits an act of sexual penetration when it is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury will be liable to imprisonment in the state prison for three, six or eight years. Where the victim is a child under the age of fourteen, an aggravated penalty of imprisonment in the state prison for eight, ten or twelve years will apply. Where the victim is a minor of or above the age of fourteen the penalty will be six, eight or ten years’ imprisonment. Where the act of sexual penetration is committed against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, the offender will be liable to imprisonment in the state prison for three, six or eight years. The section also states that anyone who participated in an act of sexual penetration where the victim is a minor under the age of eighteen will be liable to imprisonment in the state prison or a county jail for up to one year. Any person over the age of 21 who participates in an act of sexual penetration with another person who is under sixteen years of age is guilty of a felony. The section further states that anyone who participates in an act of sexual penetration with another person who is under fourteen years of age and who is more than ten years younger than the offender will be punished by imprisonment in the state prison for three, six, or eight years.
  • Section 290-294, Penal Code. Sex Offender Registration Act. Requires convicted sex offenders living, working or attending school in California to register with the authorities within five days of taking up residence, employment or starting school within the state. The penalty for failing to register varies up to three years’ imprisonment depending on the severity of the offense of which the offender was originally convicted.
  • Section 311, Penal Code. Definitions. Defines, among other things, ‘obscene matter’ as any matter that depicts or describes sexual conduct in an offensive way and lacks literary, artistic, political or scientific value. ‘Matter’ means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine, or material; it also includes live or recorded telephone messages if transmitted, disseminated, or distributed as part of a commercial transaction.
  • Section 311.1., Penal Code. Imposes a penalty of imprisonment in the county jail for up to one year and/or a fine of up to $1,000, or imprisonment in the state prison and/or a fine of up to $10,000, for anyone who knowingly sends or causes to be sent, brings or causes to be brought, into California for sale or distribution, or within the 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 do so, any obscene matter, knowing that the matter depicts a person under the age of eighteen personally engaging in or personally simulating sexual conduct.
  • Section 311.2 (a), Penal Code. States that anyone who knowingly sends or causes to be sent, or brings or causes to be brought, into California for sale or distribution, or within the state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is, for a first offense, guilty of a misdemeanor. If the person has previously been convicted of any violation of this section, the court may additionally impose a fine of up to $50,000.
  • Section 311.2 (b), Penal Code. The section also states that anyone who knowingly sends or causes to be sent, or brings or causes to be brought, into California for sale or distribution, or within the 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 for commercial consideration, or who offers to distribute, distributes, or exhibits to, or exchanges with, others for commercial consideration, any obscene matter, knowing that the matter depicts a person under the age of eighteen years personally engaging in or personally simulating sexual conduct, is guilty of a felony and liable to imprisonment in the state prison for two, three, or six years, a fine of up to $100,000, or both.
  • Section 311.2 (c), Penal Code. States that it is an offense to send or cause to be sent, or bring or cause to be brought, into California for sale or distribution, or within the state possess, prepare, publish, produce, develop, duplicate, or print 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 exhibit to, or to exchange with, a person aged eighteen or above, or who offers to distribute, distributes, or exhibits to, or exchanges with such a person any matter, knowing that the matter depicts a minor under the age of eighteen engaging in or simulating sexual conduct. The penalty for this offense is imprisonment in the county jail for up to one year and/or a fine of up to $2,000, or imprisonment in the state prison. A second conviction under this Section is deemed to be a felony.
  • Section 311.2 (d), Penal Code. States that every person who knowingly sends or causes to be sent, or brings or causes to be brought, into California for sale or distribution, or within the 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 exhibit to, or to exchange with, a person under eighteen years of age, or who offers to distribute, distributes, or exhibits to, or exchanges with such a person any matter, knowing that the matter depicts a minor personally engaging in or personally simulating sexual conduct, is guilty of a felony.
  • Section 311.3, Penal Code. Sexual Exploitation of a Child. Defines the offense as knowingly developing, duplicating, printing or exchanging any representation of information, data or image depicting a person under the age of eighteen engaging in sexual conduct. The penalty for this offense is a fine of up to $2,000 and/or a term of imprisonment in county jail for up to a year. Subsequent offenses under this section lead to imprisonment in the state prison.
  • Section 311.4 (a), Penal Code. Defines the offense of knowingly hiring, employing or using a minor to do or assist in doing any of the acts described in Section 311.2. The penalty for a first offense is imprisonment of up to a year and/or a fine of up to $2,000. For subsequent offenses the penalty is a variable prison term and/or a fine of up to $50,000.
  • Section 311.4 (b), Penal Code. States that anyone who knowingly promotes, employs, uses, persuades, induces or coerces a minor under the age of eighteen to pose or model 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 eighteen for commercial purposes, is guilty of a felony.
  • Section 311.4 (c), Penal Code. This subdivision states that it is a felony to promote, employ, use, persuade, induce, or coerce a minor under eighteen to pose or model 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 eighteen. It is not necessary to prove commercial purposes in order to establish a violation of this subdivision.
  • Section 311.5, Penal Code. Defines the misdemeanor of writing, creating or soliciting the publication or distribution of advertising or other promotional material which is inner manner promotes the sale, distribution or exhibition of obscene material.
  • Section 311.6, Penal Code. States that anyone who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits obscene live conduct to or before an assembly or audience consisting of at least one person or spectator in any public place is guilty of a misdemeanor.
  • Section 311.8, Penal Code. States, among other things, that it is a valid defense to a charge for an offense under Section 311-312.7 by a person who knowingly distributed any obscene matter by telephones or telephone facilities to a minor that the defendant has taken either of the following measures to restrict access to the matter by underage persons: required the recipient to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene matter begins, where the defendant has previously issued the code by mailing it to the applicant therefore after taking reasonable measures to ascertain that the applicant was eighteen years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by a minor or that the code is no longer desired; required payment by credit card before transmission of the matter.
  • Section 311.9, Penal Code. Imposes a penalty of a fine of up to $1,000 plus $5 for each additional unit of material, up to a maximum of $10,000, or imprisonment in a country jail for up to six months plus one day for each additional unit of material, up to a maximum of 360 days, for anyone who violates section 311.2 (a) or section 311.5. Any second or subsequent offenses are deemed to be a felony and punishable by imprisonment in a county jail for sixteen months, or two or three years. The section also prescribes a penalty for anyone who violates subdivision 311.4 (a), which is a fine of up to $2,000 and/or imprisonment in a county jail for up to one year; any second or subsequent offenses are deemed to be a felony and punishable by imprisonment in a county jail for sixteen months, or two or three years.
  • Section 311.10, Penal Code. States that any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under the age of eighteen engaging in or simulating sexual conduct is guilty of a felony. The offense is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year and/or by a fine of up to $50,000.
  • Section 311.11, Penal Code. Defines the offense of knowingly possessing or controlling any media containing depictions of a person under the age of eighteen engaging in sexual conduct. The offense is deemed to be a felony and is punishable by a fine of up to $2,5000 and/or a prison term of up to a year, to be served in either the state prison or the county jail. The section also states that anyone who is found guilty of a second or subsequent offense, an offense requiring registration under the Sex Offender Registration Act or an attempt to commit any of the offenses in this section is guilty of a felony, the penalty for which is imprisonment in the state prison for two, four or six years.
  • Section 313, Penal Code. Defines ‘harmful matter’ as any material that depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
  • Section 313.1, Penal Code. States, among other things, that anyone who knowingly sells, rents distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means any harmful matter to a minor will be liable to a fine of up to $2,000 and/or imprisonment in a county jail for up to one year. It is a valid defense to a charge under this section that the defendant has taken either of the following measures to restrict access to the matter by underage persons: required the recipient to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene matter begins, where the defendant has previously issued the code by mailing it to the applicant therefore after taking reasonable measures to ascertain that the applicant was eighteen years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by a minor or that the code is no longer desired; required payment by credit card before transmission of the matter.
  • Section 314, Penal Code. Defines the misdemeanor of exposing one’s private parts in a public place or procuring, counseling or assisting any person to do so. Any second or subsequent conviction is deemed to be a felony, punishable by imprisonment in the state prison.
  • Section 646.9, Penal Code. Stalking. This section states, among other things, that anyone who willfully, maliciously, and repeatedly follows or harasses another person, and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year and/or a fine of up to $1,000, or by imprisonment in the state prison. ‘Credible threat’ means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. The term ‘electronic communication device’ includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers.
  • Section 647.6, Penal Code. This section states, among other things, that anyone who annoys or molests a child under the age of eighteen will be liable to a fine of up to $5,000 and/or imprisonment in a county jail for up to one year. The section also states that anyone who, motivated by an unnatural or abnormal sexual interest in children, engages in sexual conduct with an adult, whom he/she believes to be a minor, will be liable to a fine of up to $5,000 and/or imprisonment in a county jail for up to one year. Any second or subsequent offenses under this section are punishable by imprisonment in the state prison.
  • Section 653j, Penal Code. States that it is an offense to, with intent to annoy, telephone or make contact by means of an electronic communication device with another person and address to or about that person any obscene language or threat the other person. The offense is deemed to be a misdemeanor. It is also a misdemeanor to, with intent to annoy or harass, makes repeated telephone calls or repeated contact by means of an electronic communication device, or any combination of calls or contact, to another person is, whether or not conversation ensues from the action.
  • Section 653.2, Penal Code. Defines, among other things, the offense of using an electronic device (including the Internet) to distribute personal identifying information about another person, without their permission, which causes that person to fear for their safety or that of their immediate family. The definition of ‘personal identifying information’ includes, but is not limited to, a digital image of the person and e-mails of a harassing nature about that person. The penalty for the offense is a fine of up to $1,000 and/or a jail term of up to one year.