CALCRIM No. 1145

Conduct (Pen. Code, § 311.11(a))

The defendant is charged [in Count] with possessing matter that

shows a minor engaged in or simulating sexual conduct [in violation of

Penal Code section 311.11(a)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant possessed or controlled matter that contained [an]

image[s] of a minor personally engaging in or simulating sexual

conduct;

2. The defendant knew that (he/she) possessed or controlled the

matter;

AND

3. The defendant knew that the matter contained [an] image[s] of a

minor personally engaging in or simulating sexual conduct.

[As used here,](M/m)atter means any visual work[s], including any (film/

filmstrip/photograph/negative/slide/photocopy/video recording/computer -

generated media[,]/[or] <insert other item listed in Pen.

Code, § 311.11(a)>).

[Matter includes digitally altered and artificial intelligence-generated

data.]

[Matter does not include drawings, figurines, or statues.]

[Matter does not include any film rated by the Motion Picture

Association of America.]

[The matter does not have to be obscene.] <For a definition of obscene, see

CALCRIM No. 1141.>

[A person does not have to actually hold or touch something to possess

it. It is enough if the person has (control over it/ [or] the right to control

it) either personally or through another person.]

[Two or more people may possess something at the same time.]

A minor is anyone under the age of 18. [Under the law, a person

becomes one year older as soon as the first minute of his or her birthday

has begun.]

Sexual conduct means actual or simulated (sexual intercourse/ [or] oral

copulation[,]/ [or] anal intercourse[,]/ [or] anal oral copulation[,]/ [or]

<insert other sexual conduct as defined in Pen. Code,

§ 311.4(d)(1)>). An act is simulated when it gives the appearance of being

sexual conduct.

<Sentencing Factors>

[If you find the defendant guilty of this crime [as charged in Count[s]

], you must then decide whether the People have proved the

additional allegation[s].] [Y ou must decide whether the People have

proved (this/these) allegation[s] for each crime beyond a reasonable

doubt and return a separate finding for each crime.]

<Give the following paragraph if the defendant is charged with the felony

enhancement under Penal Code section 311.11(b)>

[To prove the prior conviction allegation, the People must prove that the

defendant has at least one prior conviction for violating or attempting to

violate Penal Code section 311.11(a) or for committing or attempting to

commit ( ) <insert description of offense requiring registration

pursuant to Penal Code section 290>.]

<Give the following four paragraphs if the defendant is charged with the

felony enhancement under Penal Code section 311.11(c)(1)>

[To prove the multiple images allegation, the People must prove that:

The matter the defendant knowingly possessed or controlled contained

more than 600 images all of which the defendant knew showed a minor

engaged in or simulating sexual conduct;

AND

The matter contained at least ten or more images involving a

prepubescent minor or a minor under 12 years of age.

Each photograph, picture, computer or computer-generated image, or

any similar visual depiction counts as one image.

Each video, video-clip, movie, or similar visual depiction counts as 50

images.]

<Give the following three paragraphs if the defendant is charged under

Penal Code section 311.11(c)(2)>

[To prove the sexual sadism or sexual masochism allegation, the People

must prove that the matter showed sexual sadism or sexual masochism

involving a minor.

Sexual sadism means intentionally causing pain for purposes of sexual

gratification or stimulation.

Sexual masochism means intentionally experiencing pain for purposes of

sexual gratification or stimulation.]

CALCRIM No. 1145 SEX OFFENSES

New March 2019; Revised October 2025