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i have been charged with a misdemeanor in calif. 313.1 what…

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i have been charged with...
i have been charged with a misdemeanor in calif. 313.1 what does this mean and is their a statute of limititations on this charge. D.A has no physical evidence just rumor and hearsay
Submitted: 8 years ago.Category: Criminal Law
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6/24/2010
Criminal Lawyer: LawTalk, Lawyer replied 8 years ago
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,876
Experience: 30 years legal experience
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Good morning,

Here is the code you have been cited with violating. The statute of limitations to be charged with a misdemeanor in CA is 1 year.

313.1. (a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor, knowingly sells, rents, distributes, sends,
causes to be sent, exhibits, or offers to distribute or exhibit by
any means, including, but not limited to, live or recorded telephone
messages, any harmful matter to the minor shall be punished as
specified in Section 313.4.
It does not constitute a violation of this section for a telephone
corporation, as defined by Section 234 of the Public Utilities Code,
to carry or transmit messages described in this chapter or to
perform related activities in providing telephone services.
(b) Every person who misrepresents himself or herself to be the
parent or guardian of a minor and thereby causes the minor to be
admitted to an exhibition of any harmful matter shall be punished as
specified in Section 313.4.
(c) (1) Any person who knowingly displays, sells, or offers to
sell in any coin-operated or slug-operated vending machine or
mechanically or electronically controlled vending machine that is
located in a public place, other than a public place from which
minors are excluded, any harmful matter displaying to the public view
photographs or pictorial representations of the commission of any of
the following acts shall be punished as specified in Section 313.4:
sodomy, oral copulation, sexual intercourse, masturbation,
bestiality, or a photograph of an exposed penis in an erect and
turgid state.
(2) Any person who knowingly displays, sells, or offers to sell in
any coin-operated vending machine that is not supervised by an adult
and that is located in a public place, other than a public place
from which minors are excluded, any harmful matter, as defined in
subdivision (a) of Section 313, shall be punished as specified in
Section 313.4.
(d) Nothing in this section invalidates or prohibits the adoption
of an ordinance by a city, county, or city and county that restricts
the display of material that is harmful to minors, as defined in this
chapter, in a public place, other than a public place from which
minors are excluded, by requiring the placement of devices commonly
known as blinder racks in front of the material, so that the lower
two-thirds of the material is not exposed to view.
(e) Any person who sells or rents video recordings of harmful
matter shall create an area within his or her business establishment
for the placement of video recordings of harmful matter and for any
material that advertises the sale or rental of these video
recordings. This area shall be labeled "adults only." The failure to
create and label the area is an infraction, punishable by a fine not
to exceed one hundred dollars ($100). The failure to place a video
recording or advertisement, regardless of its content, in this area
shall not constitute an infraction. Any person who sells or
distributes video recordings of harmful matter to others for resale
purposes shall inform the purchaser of the requirements of this
section. This subdivision shall not apply to public libraries as
defined in Section 18710 of the Education Code.
(f) Any person who rents a video recording and alters the video
recording by adding harmful material, and who then returns the video
recording to a video rental store, shall be guilty of a misdemeanor.
It shall be a defense in any prosecution for a violation of this
subdivision that the video rental store failed to post a sign,
reasonably visible to all customers, delineating the provisions of
this subdivision.
(g) It shall be a defense in any prosecution for a violation of
subdivision (a) by a person who knowingly distributed any harmful
matter by the use of telephones or telephone facilities to any person
under the age of 18 years that the defendant has taken either of the
following measures to restrict access to the harmful matter by
persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the harmful matter
begins, where the defendant previously has issued the code by mailing
it to the applicant after taking reasonable measures to ascertain
that the applicant was 18 years of age or older and has established a
procedure to immediately cancel the code of any person after
receiving notice, in writing or by telephone, that the code has been
lost, stolen, or used by persons under the age of 18 years or that
the code is no longer desired.
(2) Required payment by credit card before transmission of the
matter.
(h) It shall be a defense in any prosecution for a violation of
paragraph (2) of subdivision (c) that the defendant has taken either
of the following measures to restrict access to the harmful matter by
persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an
authorized access or identification card to the vending machine after
taking reasonable measures to ascertain that the applicant was 18
years of age or older and has established a procedure to immediately
cancel the card of any person after receiving notice, in writing or
by telephone, that the code has been lost, stolen, or used by persons
under the age of 18 years or that the card is no longer desired.
(2) Required the person receiving the harmful matter to use a
token in order to utilize the vending machine after taking reasonable
measures to ascertain that the person was 18 years of age or older.
(i) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with paragraph (1) of subdivision (g) is confidential and shall not
be sold or otherwise disseminated except upon order of the court.

I wish you well.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

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