In Re Duncan

Introduction

In this petition for a writ of habeas corpus we are asked to decide whether Penal Code section 311.3, subdivision (a), which provides “[a] person is guilty of sexual exploitation of a child when he or she knowingly develop[s], duplicate^], print[s], or exchange^] any film, photograph, video tape, negative, or slide in which a person under the age of 14 years engaged in an act of sexual conduct,” is violative of the rights of free expression and privacy guaranteed by the Constitution of the United States and the Constitution of the State of California. We answer that it is not.

Statement of Facts

On July 20, 1983, John Robert Duncan (petitioner) was charged with two counts of violation of Penal Code section 311.3, subdivision (a). In count I, it was alleged that .. on or about February 1983, [a misdemeanor] was committed by [petitioner] ... who did willfully, unlawfully, and knowingly photograph, develop, duplicate, print, or exchange any film, photograph, videotape, negative, or slide in which a person under the age of 14 years is engaged in an act of sexual conduct.” Count II of the complaint alleged the identical substantive violation which was declared…