California Assembly Bill AB2189 Introduced / Bill

 BILL NUMBER: AB 2189INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Torrico FEBRUARY 18, 2010 An act to amend Section 311.10 of the Penal Code, relating to sex offenses. LEGISLATIVE COUNSEL'S DIGEST AB 2189, as introduced, Torrico. Sex offenders: child pornography: distribution. Under existing law it is a felony to advertise for sale or distribution any obscene matter that depicts a person under 18 years of age engaging in sexual conduct. This bill would make technical, nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 311.10 of the Penal Code is amended to read: 311.10. (a) Any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under  the age of  18 years  of age  personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, is guilty of a felony and is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year, or by a fine not exceeding fifty thousand dollars ($50,000), or by both  such   that  fine and imprisonment. (b) Subdivision (a) shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.