In California, child pornography falls under Penal Code 311 and is defined as the distribution, possession, production, promotion, or sale of any material that depicts a minor in a sexual situation. It doesn’t matter if the sexual situation in question was real or simulated in order to qualify as child pornography. Pornographic material can be in the form of a photograph, video, computer-generated image, or any other form. This includes “sexting” a naked picture of a minor to another person.