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Is M PC311.11(A) in California a misdemeanor or a felony now in 2010?

Los Angeles, CA |

Scenario: first offense, lives across the street from a public school, teaches at another public school, although since the arrest has been "removed" from that site. Would they be charged as a misdemeanor offense? Would they be required to register as an offender?

Thanks to all that responded. One more question: having reviewed the long list of Registrable Sexual Offenses codes, does 311.11(A) "carry more weight" or is a more serious offense than 311.11? I understand what the (b) and (B) means when added to the 311.11 code, am I to conclude that these codes are listed by severity of offense?

Attorney Answers 3


Penal Code section 311.11 (possession of child pornography) is a "wobbler" meaning it can be a felony or a misdemeanor. Yes, it carries lifetime sex offender registration.

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It can be either one. A lot will depend upon the facts and his criminal record as to how the DA will file the charges. This is a case you need an attorney to assist you on. This carries a lifetime sex registration. Do not try to resolve this case alone.
Robert Driessen

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The District Attorney will review the reports and circumstances and make a decision to file as a felony or misdemeanor. A first offense may be punished by imprisonment in the state prison, or a 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. If convicted, registration is required.

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