Violations of Cal. Pen. Code s. 311.1 (a) for having obscene matter that depicts minors in sexual conduct are wobblers. Punishment is either up to one year in jail and/or $1,000 fine or 16 months, two years, or three years in prison and/or $10,000 in fines. Generally, first offenses of possessing Child Pornography for personal use are handled as misdemeanors. Cal. Pen. Code s. 311.2 (a) .
A subsequent violation of this section will result in a felony under Cal. Pen. Code s. 311.2 (c) .
If the defendant is found guilty of possessing the Child Pornography with the intent to sell it (i.e., use it for commercial consideration), it is a felony and the sentence is two, three, or six years in prison and/or a $100,000 fine. Cal. Pen. Code s. 311.2 (b) .
If the defendant intends to or actually does share the Child Pornography with a person under 18 years old, they are guilty of a felony. Cal. Pen. Code s. 311.2 (d) .
Also, if the defendant possessed any matter (obscene or not) that depicts a minor in sexual conduct, it is a misdemeanor if it is a first offense (one year in jail and/or $2,000 fine) and a felony for subsequent offenses (16 months, two years, or three years in prison and/or fines). Cal. Pen. Code s. 311.2 (c) .