Spurlock

A jury convicted Christopher Spurlock of lewd conduct toward a minor, possession of child pornography, creation of child pornography, and sexual exploitation of a minor. On appeal, he challenges only the creation of child pornography and sexual exploitation counts, each arising from his photographing of a partially clad 15 year old. He contends that California’s child pornography and sexual exploitation statutes cannot be applied to photographs of a minor’s partially clothed genital area. We disagree. In some circumstances, the exhibition of partially clothed genitals can constitute sexual conduct within the meaning of Penal Code sections 311.3 and 311.4; here, Spurlock’s actions in taking photographs qualify as sexual exploitation and the creation of child pornography. We affirm.

Factual and Procedural Background

An information filed in Solano Superior Court in March 2000 charged Spurlock with committing lewd acts on two minors between the ages of 14 and 16 (Pen. Code, § 288, subd. (c)(1)—counts 1 and 2), digital penetration of a minor under the age of 16 (§ 289, subd. (i)—count 3), possession of child pornography (§ 311.11, subd. (a)—count 4), sexual exploitation of a…