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Name: People v. Haraszewski
Case #: D056954
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/30/2012

The instruction for a violation of Penal Code section 311.4, subdivision (c) does not require that the defendant directed the minors as a element of the offense involving the use of minors to engage in posing or modeling for the purpose of preparing any image involving sexual conduct by a minor. The defense objected to the instruction that “[t]here is no requirement that [Haraszewski] direct the child to pose or model.” That is a correct statement of the law. The statute prohibits knowingly promoting, employing, using, persuading, inducing, or coercing a minor to pose or model, but it does not require that the posing or modeling be at the direction of the defendant.

The “cutting and pasting” of the images of four boys from a hard drive onto two thumb drives properly supports four separate counts of conviction. The conviction for Penal Code section 311.2, subdivision (d) is based on knowingly duplicating any matter depicting a person under the age of 18 years, engaging in or simulating sexual conduct, with intent to distribute or exhibit, or exchange with a person under 18 years of age. As with the creation of child pornography, each act of duplication further exploits the minor victim. The four convictions were sustained.