Banning, CA asked in Criminal Law for California

Q: In California, is Criminal Diversion permitted for initial felony charge of PC311.1(A) under PC1001.95 and PC290?

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James L. Arrasmith
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Answered

A: In California, PC 311.1(a) (Sent or brought into state for sale or distribution; printing, exhibiting, distributing, exchanging or possessing within state; matter depicting sexual conduct by minor) is considered a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant's criminal history.

PC 1001.95 is a California law that allows for pretrial diversion in certain misdemeanor cases. However, this law specifically excludes offenses that require registration as a sex offender under PC 290. Since a conviction under PC 311.1(a) requires registration as a sex offender under PC 290, it would not be eligible for diversion under PC 1001.95, even if charged as a misdemeanor.

Additionally, PC 1001.95 applies only to misdemeanors, not felonies. So if the PC 311.1(a) offense is charged as a felony, it would not be eligible for diversion under PC 1001.95 regardless of the PC 290 registration requirement.

In summary, a felony charge under PC 311.1(a) would not be eligible for criminal diversion under PC 1001.95 in California, due to both the felony nature of the charge and the PC 290 registration requirement.

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