People v. Cochran

Opinion

CHIN, J.

Penal Code section 311.4 proscribes employing a minor to produce child pornography. (Further statutory references are to the Penal Code.) Subdivision (b) of that section provides for a longer prison sentence than otherwise if the defendant makes the pornography “for commercial purposes.” We granted review to decide whether producing child pornography and posting it on the Internet in order to induce others similarly to trade such pornography on the Internet (without making a monetary profit), satisfies the statute’s commercial requirement. A major reason for providing…