Pen. Code, § 311.12 · Chapter 7.5. Obscene Matter
Pen. Code, § 311.12
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the violation is committed on, or via, a government-owned computer or via a government-owned computer network, shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay.
(2) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the production, transportation, or distribution of which involves the use, possession, or control of government-owned property shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay.
(b) The fines in subdivision (a) shall not be subject to the provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code, or Sections 1464 and 1465.7 of this code.
(c) Revenue from any fines collected pursuant to this section shall be deposited into a county fund established for that purpose and allocated as follows, and a county may transfer all or part of any of those allocations to another county for the allocated use:
(1) One-third for sexual assault investigator training.
(2) One-third for public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking.
(3) One-third for multidisciplinary teams.
(d) As used in this section:
(1) “Computer” includes any computer hardware, computer software, computer floppy disk, data storage medium, or CD-ROM.
(2) “Government-owned” includes property and networks owned or operated by state government, city government, city and county government, county government, a public library, or a public college or university.
(3) “Multidisciplinary teams” means a child-focused, facility-based program in which representatives from many disciplines, including law enforcement, child protection, prosecution, medical and mental health, and victim and child advocacy work together to conduct interviews and make team decisions about the investigation, treatment, management, and prosecution of child abuse cases, including child sexual abuse cases. It is the intent of the Legislature that this multidisciplinary team approach will protect victims of child abuse from multiple interviews, result in a more complete understanding of case issues, and provide the most effective child- and family-focused system response possible.
(e) This section shall not be construed to require any government or government entity to retain data in violation of any provision of state or federal law.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 926, Sec. 5. (AB 1831) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=311.12.
- Text hash
- sha256 0b33149fd87ac58d19ee2f7623e4debb26ba0c2864e4b9b9f291d67d3d59dd2d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, § 70372Printed as Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code
- Gov. Code, § 76000Printed as Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code
- Gov. Code, § 76000.5Printed as Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code
- Gov. Code, § 76104.6Printed as Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code
Penal Code
- Pen. Code, § 311.1Printed as Section 311.1, 311.2, 311.3, 311.10, or 311.11
- Pen. Code, § 311.2Printed as Section 311.1, 311.2, 311.3, 311.10, or 311.11
- Pen. Code, § 311.3Printed as Section 311.1, 311.2, 311.3, 311.10, or 311.11
- Pen. Code, § 311.10Printed as Section 311.1, 311.2, 311.3, 311.10, or 311.11
- Pen. Code, § 311.11Printed as Section 311.1, 311.2, 311.3, 311.10, or 311.11
- Pen. Code, § 1464Printed as Sections 1464 and 1465.7 of this code
- Pen. Code, § 1465.7Printed as Sections 1464 and 1465.7 of this code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.