What is the definition of "exhibition of the genitals, pubic or rectal area" under section 311.11 of the California Penal Code?

"The words, 'exhibition of the genitals, pubic or rectal area' and 'for the purpose of sexual stimulation of the viewer,' are part of the same phrase, the latter language serving to modify the former. Together, they speak to the content of the material targeted by the statute rather than the photographer's intent and describe what is meant in part by the term 'sexual conduct.' It is because the language is meant to be read together that simple, straightforward nude photographs of children without more would not fall within the purview of the statute. Such photographs, even if they should depict the pubic or rectal areas of children, would not have been taken for the apparent purpose of the sexual stimulation of the viewer." (People v. Cantrell (1992) 7 Cal.App.4th 523, 542-543.) The conduct section 311.11 is intended to criminalize is the production of pornographic material. (Ibid.)

In People v. Kongs (1994) 30 Cal.App.4th 1741 (Kongs), a photographer took pictures of a minor child spreading her legs or doing cartwheels, focusing on her genitalia. In upholding his convictions for various sexual offenses, the court discussed the definition of "sexual conduct." (Id. at p. 1753-1754.) It found the trier of fact should focus on the following factors: "1) whether the focal point is on the child's genitalia or pubic area; 2) whether the setting is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; 3) whether the child is in an unnatural pose, or in inappropriate attire, considering the age of the child; 4) whether the child is fully or partially clothed, or nude; 5) whether the child's conduct suggests sexual coyness or a willingness to engage in sexual activity; 6) whether the conduct is intended or designed to elicit a sexual response in the viewer." (Id. at p. 1755.)

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