"Children in sexual situations." What does that mean? Were the children naked? Were they simulating intercouse? Were they posed in sexually provacative positions? Why can't we ever get the facts from the police! Why are we so often expected to assume that the police and the DA know what they are doing? Make no mistake about it, this fellow is definitely a 'sicko' and we should all be glad he has been identified and will be tracked as such. But what do the real charges against him actually amount to? Can anyone clarify this one?
311.11. (a) Every person who knowingly possesses or controls any matter, 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, the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a public offense and shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment. (b) If a person has been previously convicted of a violation of this section, or of a violation of subdivision (b) of Section 311.2, or subdivision (b) of Section 311.4, he or she is guilty of a felony and shall be punished by imprisonment for two, four, or six years. (c) It is not necessary to prove that the matter is obscene in order to establish a violation of this section. (d) This section does not apply to drawings, figurines, statues, or any film rated by the Motion Picture Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.