California, United States of America
The following excerpt is from People v. Smith, F063679 (Cal. App. 2013):
21. See 311.11; CALCRIM 1141 [Element 3: "When the defendant acted, (he/she) knew that the matter showed a person under the age of 18 years who was personally participating in or simulating sexual conduct"]. Cf. People v. Kurey (2001) 88 Cal.App.4th 840, 849 [assuming with discussing that it must be proven that defendant "had knowledge that the matter depicted a person under the age of 18 years personally engaging in or simulating sexual conduct ...."].
22. This is in contrast to the crime of possessing child pornography with intent to distribute, which requires two mental states: (1) knowing possession and (2) a specific intent to do a further act (e.g., distribute). (People v. Young (1977) 77 Cal.App.3d Supp. 10, 13.) In such a case, evidence as to why defendant possessed the child pornography would presumably be relevant.
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