California Penal Code Section 311.4(c)
Penal Code Section 311.4(c) provides in full:
"Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any 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, filmstrip, or a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, is guilty of a felony. It is not necessary to prove commercial purposes in order to establish a violation of this subdivision."
In People v. Cochran (2002) 28 Cal.4th 396, the California Supreme Court explained that section 311.4, which was enacted in 1961, "is part of a statutory scheme ' "to combat the exploitive use of children in the production of pornography." ' The statute is 'aimed at extinguishing the market for sexually explicit materials featuring children.' The Legislature was particularly concerned 'with visual displays such as might be found in films, photographs, videotapes and live performances,' and section 311.4 thus 'prohibits the employment or use of a minor ... in the production of material depicting that minor in "sexual conduct." ' " (Cochran, supra, 28 Cal.4th at p. 402.)
Thus, the intent of the Legislature in enacting section 311.4(c) and the other provisions of that section was to punish the exploitive use of children in the production of pornography. (Cochran, at p. 402.)