Penal Code - PEN 311.5. PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.] TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261. - 368.7.] CHAPTER 7.5. Obscene Matter [311. - 312.7.] Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the sale, distribution, or exhibition of matter represented or held out by him to be obscene, is guilty of a misdemeanor. Amended by Stats. 1969, Ch. 249.