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Latest First District Victories

January 20, 2022

A156114

Panel Attorney: David Polsky

[Published Opinion] The Court of Appeal found that the trial court misstated the law when it instructed the jury on Penal Code section 311.2, subdivision (b) because the instructions made it clear to the jury that the element of commercial consideration required nothing more than an intent to trade or induce others to trade in obscene matter over the Internet. However, based on the principals of statutory interpretation, the Court of Appeal concluded that the element of commercial consideration in Penal Code section 311.2, subdivision (b) requires proof that the defendant received or intended to receive payment at the time he or she distributed, exhibited or exchanged obscene matter involving minors performing or simulating sex acts.

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Latest Panel Alerts

January 3, 2022

January 2022 Bulletin: 2022 Annual Seminar; Upcoming Webinar; Reminder About New Legislation

Registration Now Open for FDAP’s 2022 Virtual Seminar Registration is now open for FDAP’s annual seminar, which will be held… more

December 16, 2021

Additional Interim Claims; FDAP Panel Survey; Upcoming Webinar

Judicial Council Authorizes Additional Interim Claims Through June 30, 2022 FDAP has been informed that the Judicial Council of California… more

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