Section 311.9 Of Chapter 7.5. Obscene Matter From California Penal Code >> Title 9. >> Part 1. >> Chapter 7.5.
311.9
. (a) Every person who violates subdivision (a) of Section
311.2 or Section 311.5 is punishable by fine of not more than one
thousand dollars ($1,000) plus five dollars ($5) for each additional
unit of material coming within the provisions of this chapter, which
is involved in the offense, not to exceed ten thousand dollars
($10,000), or by imprisonment in the county jail for not more than
six months plus one day for each additional unit of material coming
within the provisions of this chapter, and which is involved in the
offense, not to exceed a total of 360 days in the county jail, or by
both that fine and imprisonment. If that person has previously been
convicted of any offense in this chapter, or of a violation of
Section 313.1, a violation of subdivision (a) of Section 311.2 or
Section 311.5 is punishable as a felony by imprisonment pursuant to
subdivision (h) of Section 1170.
(b) Every person who violates subdivision (a) of Section 311.4 is
punishable by fine of not more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment, or by imprisonment pursuant to
subdivision (h) of Section 1170. If that person has been previously
convicted of a violation of former Section 311.3 or Section 311.4 he
or she is punishable by imprisonment pursuant to subdivision (h) of
Section 1170.
(c) Every person who violates Section 311.7 is punishable by fine
of not more than one thousand dollars ($1,000) or by imprisonment in
the county jail for not more than six months, or by both that fine
and imprisonment. For a second and subsequent offense he or she shall
be punished by a fine of not more than two thousand dollars
($2,000), or by imprisonment in the county jail for not more than one
year, or by both that fine and imprisonment. If the person has been
twice convicted of a violation of this chapter, a violation of
Section 311.7 is punishable as a felony by imprisonment pursuant to
subdivision (h) of Section 1170.