LEGISLATIVE COUNSEL'S DIGEST


SB 203, as amended, Harman. Child pornography: separate
offense per child: Internet distribution.
Existing law includes provisions criminalizing conduct involving
obscene matter and child pornography , including making the
distribution of this material criminal . In People v.
Hertzig (2007) 156 Cal.App.4th 398, the court, in interpreting one of
these, a child pornography possession provision, held that the
possession of multiple video images on a laptop computer was a single
violation. In People v. Manfredi (2008) 169 Cal.App.4th 622, the
court, in interpreting the same provision, held that the defendant's
simultaneous possession of multiple child pornography materials at
the same location was a single violation. Existing law
defines the term "distribute" for these purposes of crimes
relating to obscene matter.
This bill would revise the provisions criminalizing conduct
involving obscene matter and child pornography to provide that the
depiction or involvement of each individual person pursuant to any of
those provisions shall constitute a distinct and separate offense.
The bill would state that it is the intent of the Legislature in
enacting the bill to abrogate the holdings in the cases of People v.
Hertzig and People v. Manfredi, cited above.
Existing law defines the term "distribute" for purposes of crimes
relating to obscene matter.
This bill would include within the definition of "distribute"
making available for access or possession over the Internet.
By revising the definition of existing crimes to expand their
application, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.