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Name: People v. Shields
Case #: G043124
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/16/2011

The production of three photographs of the same child in different pornographic poses supports three separate convictions. Along with many other counts, Shields was convicted of three counts of Penal Code section 311.4, subdivision (c) based on his production of three photographs of seven-year-old A.L. in different poses. The plain language of the statute, describing the media in the singular, and the Legislative intent allows for a person who adds multiple photographs to the market to suffer multiple convictions.

Three convictions do not violate equal protection. The equal protection challenge was made based on a comparison of a person who produces multiple photographs with a person who creates a single, lengthy videotape. The persons who would be similarly situated for equal protection analysis are those who produce three photographs and three videotapes.