Alva

MEMORANDUM ***

Leon C. Alva (“Alva”) appeals the dismissal of his 42 U.S.C. § 1983 action seeking a declaration that California Penal Code section 311.11 — which criminalizes the possession of child pornography — violates the First and Fourteenth Amendments and an injunction preventing his prosecution under the statute because he desires to possess material that falls within its scope. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Section 311.11’s prohibition on possessing material containing simulated sexual conduct involving minors does not render the statute substantially overbroad. See New York v. Ferber, 458 U.S. 747, 773-74 , 102 S.Ct. 3348 , 73 L.Ed.2d 1113 (1982) (rejecting overbreadth challenge to statute prohibiting use of a “sexual performance” — a defined term encompassing simulated sexual activity — involving a child under the age of 16); United States v. Adams, 343 F.3d 1024, 1036 (9th Cir.2003) (rejecting overbreadth challenge to 18 U.S.C. § 2256 (2)(A) which defined “sexually explicit conduct” to include simulated sexual activity for purposes of the federal child pornography statute, 18 U.S.C. § 2252 ).

Alva’s Fourteenth Amendment equal protection…