Cochran

Penal Code section 311.4 proscribes employing a minor to produce child pornography. (Further statutory references are to the Penal Code.) Subdivision (b) of that section provides for a longer prison sentence than otherwise if the defendant makes the pornography “for commercial purposes.” We granted review to decide whether producing child pornography and posting it on the Internet in order to induce others similarly to trade such pornography on the Internet (without making a monetary profit), satisfies the statute’s commercial requirement. A major reason for providing additional punishment for defendants who produce child pornography for a commercial purpose (rather than solely for personal use) is to deter and punish the production of pornography for purposes of exchanging it for other child pornography. Because courts have broadly construed the commercial purpose concept in many contexts, we conclude that posting child pornography on the Internet under the circumstances of this case satisfies the requirements of section 311.4, subdivision (b). Accordingly, we reverse the Court of Appeal judgment, which had reversed defendant’s conviction for violating that…