Section 313.4 Of Chapter 7.6. Harmful Matter From California Penal Code >> Title 9. >> Part 1. >> Chapter 7.6.
313.4
. Every person who violates Section 313.1, other than
subdivision (e), is punishable by fine of not more than two thousand
dollars ($2,000), by imprisonment in the county jail for not more
than one year, or by both that fine and imprisonment. However, if the
person has been previously convicted of a violation of Section
313.1, other than subdivision (e), or of any section of Chapter 7.5
(commencing with Section 311) of Title 9 of Part 1 of this code, the
person shall be punished by imprisonment pursuant to subdivision (h)
of Section 1170.