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charged with Pornography
in California?
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California Pornography:
- Sexually explicit pictures, writing, or other material whose primary purpose
is to cause sexual arousal.
- The presentation or production of this material.
CALIFORNIA PENAL CODE
SECTION 186-186.8
186. This act may be cited as the "California Control of Profits of
Organized Crime Act."
186.1. The Legislature hereby finds and declares that an effective
means of punishing and deterring criminal activities of organized
crime is through the forfeiture of profits acquired and accumulated
as a result of such criminal activities. It is the intent of the
Legislature that the "California Control of Profits of Organized
Crime Act" be used by prosecutors to punish and deter only such
activities.
186.2. For purposes of this chapter, the following definitions
apply:
(a) "Criminal profiteering activity" means any act committed or
attempted or any threat made for financial gain or advantage, which
act or threat may be charged as a crime under any of the following
sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision
(b) of Section 311.2, or Section 311.3 or 311.4, which may be
prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 337a to 337f, inclusive, and
Section 337i, except the activities of a person who participates
solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section 203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487.
(17) Trafficking in controlled substances, as defined in Sections
11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as
defined in Section 25541 of the Corporations Code.
(19) Any of the offenses contained in Chapter 7.5 (commencing with
Section 311) of Title 9, relating to obscene matter, or in Chapter
7.6 (commencing with Section 313) of Title 9, relating to harmful
matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in
Section 550.
(21) False or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as
specified in Section 350.
(24) Offenses relating to the unauthorized access to computers,
computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as
defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to
enhancement as specified in subdivision (b) of Section 186.22.
(b) "Pattern of criminal profiteering activity" means engaging in
at least two incidents of criminal profiteering, as defined by this
act, that meet the following requirements:
(1) Have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated by
distinguishing characteristics.
(2) Are not isolated events.
(3) Were committed as a criminal activity of organized crime.
Acts that would constitute a "pattern of criminal profiteering
activity" may not be used by a prosecuting agency to seek the
remedies provided by this chapter unless the underlying offense
occurred after the effective date of this chapter and the prior act
occurred within 10 years, excluding any period of imprisonment, of
the commission of the underlying offense. A prior act may not be
used by a prosecuting agency to seek remedies provided by this
chapter if a prosecution for that act resulted in an acquittal.
(c) "Prosecuting agency" means the Attorney General or the
district attorney of any county.
(d) "Organized crime" means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods and services such as narcotics, prostitution, loan
sharking, gambling, and pornography, or that, through planning and
coordination of individual efforts, seeks to conduct the illegal
activities of arson for profit, hijacking, insurance fraud,
smuggling, operating vehicle theft rings, or systematically
encumbering the assets of a business for the purpose of defrauding
creditors. "Organized crime" also means crime committed by a
criminal street gang, as defined in subdivision (f) of Section
186.22. "Organized crime" also means false or fraudulent activities,
schemes, or artifices, as described in Section 14107 of the Welfare
and Institutions Code.
(e) "Underlying offense" means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted....READ MORE
Did
You Know?
- 90%
of the rapes and sex crimes
of children less than 12 years
old knew the offender, accodring
to police-recorded incident
data.
- Convicted
rape and sexual assault offenders
report that 2/3rd of their victims
were under the age of 18.
- State
felony court convictions, the
FBI's UCR arrests and National
Crime Victimization Surveys
all point to sex offenders being
older than other violent offenders,
generally in the early 30's.
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immediately
for a FREE case evaluation and answers
to your questions Find out
if you have a case in CALIFORNIA and what
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