{
  "batch": "495-california-obscenity-and-distribution",
  "articles": [
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_anchor",
      "category": "Safety",
      "title": "[Unverified - being checked] California Penal Code Title 9 index: obscenity and harmful materials legal framework",
      "summary": "[Unverified - being checked] California Penal Code Title 9 covers crimes against persons involving sexual assault and crimes against public decency and good morals, including obscene matter (Chapter 7.5) and harmful matter (Chapter 7.6)",
      "body": "California Penal Code Title 9 covers crimes against persons involving sexual assault and crimes against public decency and good morals, including obscene matter (Chapter 7.5) and harmful matter (Chapter 7.6)\n\nWhat California Legislature actually says:\n\n“TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS 261-368.7”\n\nNote: Anchor record: Penal Code is the California criminal code",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PEN&division=&title=9.&part=1.&chapter=&article=",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS 261-368.7",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code Title 9 index",
      "topic": "obscenity and harmful materials legal framework",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_def",
      "category": "Safety",
      "title": "[Unverified - being checked] Obscenity definition statute",
      "summary": "[Unverified - being checked] California Penal Code 311 defines 'obscene matter' as matter that to the average person applying contemporary statewide standards appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value",
      "body": "California Penal Code 311 defines 'obscene matter' as matter that to the average person applying contemporary statewide standards appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value\n\nWhat California Legislature actually says:\n\n“As used in this chapter, the following definitions apply: (a) 'Obscene matter' means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.”\n\nNote: Section 311 is the obscenity definition section; it includes subdivisions (1)-(3) covering commercial exploitation and minors as a factor",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "As used in this chapter, the following definitions apply: (a) 'Obscene matter' means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311 obscenity definition",
      "topic": "obscenity definition statute",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_2",
      "category": "Safety",
      "title": "[Unverified - being checked] Distribution/sale offense",
      "summary": "[Unverified - being checked] Every 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, or prints with intent to distribute or exhibit to others, any obscene matter is guilty of a misdemeanor for a first offense",
      "body": "Every 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, or prints with intent to distribute or exhibit to others, any obscene matter is guilty of a misdemeanor for a first offense\n\nWhat California Legislature actually says:\n\n“(a) Every 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, 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.”\n\nNote: First offense misdemeanor; the statute reaches distribution into, within, and offering to distribute out of state",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.2&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "(a) Every 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, 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.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311.2 distribution or sale of obscene matter",
      "topic": "distribution/sale offense",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_313_def",
      "category": "Safety",
      "title": "[Unverified - being checked] Harmful-to-minors provision",
      "summary": "[Unverified - being checked] California Penal Code 313 defines 'harmful matter' as matter that to the average person applying contemporary statewide standards appeals to the prurient interest, depicts or describes in a patently offensive way sexual conduct, and lacks serious literary, artistic, political, or scientific value for minors",
      "body": "California Penal Code 313 defines 'harmful matter' as matter that to the average person applying contemporary statewide standards appeals to the prurient interest, depicts or describes in a patently offensive way sexual conduct, and lacks serious literary, artistic, political, or scientific value for minors\n\nWhat California Legislature actually says:\n\n“As used in this chapter: (a) 'Harmful matter' means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, 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.”\n\nNote: This is California's 'harmful to minors' definition in Chapter 7.6; it mirrors the obscenity test but applies the value prong to minors specifically",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=313&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "As used in this chapter: (a) 'Harmful matter' means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, 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.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 313 harmful matter definition",
      "topic": "harmful-to-minors provision",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_9_penalties",
      "category": "Safety",
      "title": "[Unverified - being checked] Penalty classification for first-offense distribution",
      "summary": "[Unverified - being checked] Penal Code 311.9 establishes that violating Penal Code 311.2(a) (first-offense obscene matter distribution) is punishable by a fine up to $1,000 plus $5 per additional unit (max $10,000), or county jail up to 6 months plus 1 day per additional unit (max 360 days), or both; a prior conviction makes it a felony",
      "body": "Penal Code 311.9 establishes that violating Penal Code 311.2(a) (first-offense obscene matter distribution) is punishable by a fine up to $1,000 plus $5 per additional unit (max $10,000), or county jail up to 6 months plus 1 day per additional unit (max 360 days), or both; a prior conviction makes it a felony\n\nWhat California Legislature actually says:\n\n“(a) Every person who violates subdivision (a) of Section 311.2 or Section 311.5 is punishable by fine of not more than one thousand dollars ($1,000) plus five dollars ($5) for each additional unit of material coming within the provisions of this chapter, which is involved in the offense, not to exceed ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than six months plus one day for each additional unit of material coming within the provisions of this chapter, and which is involved in the offense, not to exceed a total of 360 days in the county jail, or by both that fine and imprisonment. If that person has previously been convicted of any offense in this chapter, or of a violation of Section 313.1, a violation of subdivision (a) of Section 311.2 or Section 311.5 is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.”\n\nNote: Covers penalties for 311.2(a) (misdemeanor distribution) and 311.5 (promoting obscene matter); prior conviction of any Chapter 7.5 offense or 313.1 elevates to felony",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.9&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "(a) Every person who violates subdivision (a) of Section 311.2 or Section 311.5 is punishable by fine of not more than one thousand dollars ($1,000) plus five dollars ($5) for each additional unit of material coming within the provisions of this chapter, which is involved in the offense, not to exceed ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than six months plus one day for each additional unit of material coming within the provisions of this chapter, and which is involved in the offense, not to exceed a total of 360 days in the county jail, or by both that fine and imprisonment. If that person has previously been convicted of any offense in this chapter, or of a violation of Section 313.1, a violation of subdivision (a) of Section 311.2 or Section 311.5 is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311.9 penalty classifications",
      "topic": "penalty classification for first-offense distribution",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_2b_penalties",
      "category": "Safety",
      "title": "[Unverified - being checked] Penalty classification for commercial distribution involving minors",
      "summary": "[Unverified - being checked] Penal Code 311.2(b) makes it a felony to knowingly distribute obscene matter for commercial consideration knowing it depicts a person under 18 years of age engaging in sexual conduct, punishable by imprisonment in state prison for 2, 3, or 6 years, or a fine up to $100,000, or both",
      "body": "Penal Code 311.2(b) makes it a felony to knowingly distribute obscene matter for commercial consideration knowing it depicts a person under 18 years of age engaging in sexual conduct, punishable by imprisonment in state prison for 2, 3, or 6 years, or a fine up to $100,000, or both\n\nWhat California Legislature actually says:\n\n“(b) Every 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or 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 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or that it contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or six years, or by a fine not exceeding one hundred thousand dollars ($100,000), in the absence of a finding that the defendant would be incapable of paying that fine, or by both that fine and imprisonment.”\n\nNote: This subdivision is a felony covering commercial consideration distribution of obscene matter involving minors; state prison term 2/3/6 years, fine up to $100,000",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.2&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "(b) Every 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or 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 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or that it contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or six years, or by a fine not exceeding one hundred thousand dollars ($100,000), in the absence of a finding that the defendant would be incapable of paying that fine, or by both that fine and imprisonment.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311.2(b) felony penalties for commercially distributed obscene matter involving minors",
      "topic": "penalty classification for commercial distribution involving minors",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_partnered"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_2c_distribution_to_minors",
      "category": "Safety",
      "title": "[Unverified - being checked] Distribution offense to adults 18+",
      "summary": "[Unverified - being checked] Penal Code 311.2(c) creates separate liability for knowingly distributing obscene matter depicting a person under 18 to a person 18 years or older, punishable by up to 1 year county jail, fine up to $2,000, or both, or by imprisonment in the state prison; a prior conviction of this subdivision makes it a felony",
      "body": "Penal Code 311.2(c) creates separate liability for knowingly distributing obscene matter depicting a person under 18 to a person 18 years or older, punishable by up to 1 year county jail, fine up to $2,000, or both, or by imprisonment in the state prison; a prior conviction of this subdivision makes it a felony\n\nWhat California Legislature actually says:\n\n“(c) (1) Every 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or exhibit to, or to exchange with, a person 18 years of age or older, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person 18 years of age or older any matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or any obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If a person has been previously convicted of a violation of this subdivision, they are guilty of a felony.”\n\nNote: This subdivision explicitly covers distribution to adults 18+ when the content depicts a minor under 18; it is not necessary to prove commercial consideration",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.2&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "(c) (1) Every 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or exhibit to, or to exchange with, a person 18 years of age or older, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person 18 years of age or older any matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or any obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If a person has been previously convicted of a violation of this subdivision, they are guilty of a felony.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311.2(c) distribution to adults 18+ involving minors",
      "topic": "distribution offense to adults 18+",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "rules.enforcement"
        ],
        "explicitness": "explicit_partnered"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_313_4_penalties",
      "category": "Safety",
      "title": "[Unverified - being checked] Penalty for harmful matter to minors",
      "summary": "[Unverified - being checked] Penal Code 313.4 specifies that violations of Penal Code 313.1 are punishable by a fine not exceeding $2,000, imprisonment in county jail for up to 1 year, or both; a prior conviction of 313.1 or any Chapter 7.5 offense makes it a felony",
      "body": "Penal Code 313.4 specifies that violations of Penal Code 313.1 are punishable by a fine not exceeding $2,000, imprisonment in county jail for up to 1 year, or both; a prior conviction of 313.1 or any Chapter 7.5 offense makes it a felony\n\nWhat California Legislature actually says:\n\n“Every person who violates Section 313.1, other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. However, if the person has been previously convicted of a violation of Section 313.1, other than subdivision (e), or of any section of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code, the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.”\n\nNote: Harmful matter (313.1) is a misdemeanor: up to $2,000 fine and/or up to 1 year county jail; prior conviction elevates to felony",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=313.4&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "Every person who violates Section 313.1, other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. However, if the person has been previously convicted of a violation of Section 313.1, other than subdivision (e), or of any section of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code, the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 313.4 harmful matter penalty",
      "topic": "penalty for harmful matter to minors",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_2b_online_sales_18plus",
      "category": "Safety",
      "title": "[Unverified - being checked] Statute reach to online sales to adults 18+",
      "summary": "[Unverified - being checked] Penal Code 311.2(c) reaches sales of obscene matter to adults 18 or older when the matter depicts a person under 18, and it is not necessary to prove commercial consideration for that offense",
      "body": "Penal Code 311.2(c) reaches sales of obscene matter to adults 18 or older when the matter depicts a person under 18, and it is not necessary to prove commercial consideration for that offense\n\nWhat California Legislature actually says:\n\n“(c) (1) Every 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or exhibit to, or to exchange with, a person 18 years of age or older, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person 18 years of age or older any matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or any obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If a person has been previously convicted of a violation of this subdivision, they are guilty of a felony. (2) It is not necessary to prove commercial consideration in order to establish a violation of this subdivision.”\n\nNote: Section 311.2(c) explicitly covers distributing obscene matter depicting a minor to a person 18 or older; subsection (2) confirms commercial consideration need not be proven, so online sales to adults 18+ are covered by the statute",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.2&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "(c) (1) Every 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, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or exhibit to, or to exchange with, a person 18 years of age or older, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person 18 years of age or older any matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or any obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If a person has been previously convicted of a violation of this subdivision, they are guilty of a felony. (2) It is not necessary to prove commercial consideration in order to establish a violation of this subdivision.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311.2 reach to online sales to adults",
      "topic": "statute reach to online sales to adults 18+",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "rules.enforcement"
        ],
        "explicitness": "explicit_partnered"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r495_california_obscenity_and_distribution_495_california_311_5_311_3",
      "category": "Safety",
      "title": "[Unverified - being checked] Penalty classification for sexual exploitation and promoting obscenity",
      "summary": "[Unverified - being checked] Penal Code 311.5 makes promoting the sale or distribution of matter held out as obscene a misdemeanor, and Penal Code 311.3 makes sexual exploitation of a child punishable by up to $2,000 fine and/or up to 1 year county jail, or state prison after a prior conviction",
      "body": "Penal Code 311.5 makes promoting the sale or distribution of matter held out as obscene a misdemeanor, and Penal Code 311.3 makes sexual exploitation of a child punishable by up to $2,000 fine and/or up to 1 year county jail, or state prison after a prior conviction\n\nWhat California Legislature actually says:\n\n“Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the sale, distribution, or exhibition of matter represented or held out by him to be obscene, is guilty of a misdemeanor.”\n\nNote: 311.5 promotes obscene matter is a misdemeanor; 311.3 sexual exploitation of a child penalty is up to 1 year county jail or $2,000 fine (felony on repeat)",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.5&lawCode=PEN",
      "last_verified": "2026-10-10",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislature",
      "evidence_quote": "Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the sale, distribution, or exhibition of matter represented or held out by him to be obscene, is guilty of a misdemeanor.",
      "volatility": "low",
      "from_batch": "495-california-obscenity-and-distribution",
      "subject": "California Penal Code 311.3, 311.5 penalty class",
      "topic": "penalty classification for sexual exploitation and promoting obscenity",
      "applies_to_country": "*",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}