California Bill Seeks to Redefine Obscenity

SACRAMENTO, Calif. – State Sen. Elaine Alquist, D-Santa Clara, has revised a bill originally submitted in February that seeks to define obscenity in the state, with special regard to how cases are prosecuted in situations involving people who appear to be minors.

Senate Bill 478, resubmitted on April 20, continues to define obscene material according to the federal "Miller-test" standards, which includes matter that, taken as a whole and applying contemporary statewide standards, "appeals to the prurient interest," "depicts or describes sexual conduct in a patently offensive way" and "lacks serious literary, artistic, political, or scientific value.”

The bill also specifies that sexual depictions of persons under 14 be made a misdemeanor or felony, revising Section 311.9 of the Penal Code’s provision that similar material depicting persons under 18 be deemed a misdemeanor.

In light of concerns over digital manipulation of photos, SB 478 also includes language about compositing, allowing for evidence to be brought forth to ascertain “that a person under 18 years of age was not completely generated by technology.”

Further, the bill eliminates the need for the prosecution or defense to provide expert testimony in obscenity cases. Expert testimony has been a major tool of defendants in recent obscenity cases, such as Ashcroft vs. The Free Speech Coalition, decided in 2002, which declared unconstitutional the ban on depictions of persons over 18 who “appeared to be” younger than 18.

Coincidentally, the revised bill was introduced the morning after the Free Speech Coalition’s “Wrap Party” for its annual lobbying drive to the Capitol.

The bill calls for higher penalties for the dissemination and sale of what is deemed to be obscene material than for the production of the same material, and, with regard to community standards, allows for the admission to court of appeals based on “customary limits of candor in the description or representation of nudity, sex or excretion.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Kasey Kei Fronts 'Transsexual Hitchhikers 5' From GenderX

Kasey Kei stars alongside reigning XMAs Gay Performer of the Year Derek Kage in the fifth volume of GenderX Films' "Transsexual Hitchhikers," directed by Jim Powers.

Amirah Adara, Tiffany Tatum Star in Latest From MixedX

Amirah Adara and 2023 Euro XMAs Female Performer of the Year Tiffany Tatum star in the latest release from MixedX, titled “The Wrong Word.”

LorReign Performs 1st Gangbang for WIFEY

Content creator and former Colorado sheriff's deputy LorReign performs her first gangbang in the latest scene from Vixen Media Group (VMG) studio imprint WIFEY.

Richard Mann Drops 1st Evil Angel Showcase With Rebel Rhyder

Rebel Rhyder stars in Richard Mann’s first Evil Angel showcase, titled "A Day In The Life Of: Rebel Rhyder."

Amy Nosferatu Fronts Latest From TransAngels

Amy Nosferatu stars with OnlyMatt in the latest release from TransAngels, titled “It’s Giving No Thanks.”

Daphne Klyde Returns to Immoral Productions

Daphne Klyde stars in a new two-part scene from Immoral Productions alongside Charlie Dean and Matt Bird.

Erika Lust Reflects on Vanguard Legacy and the Right to Pleasure

Erika Lust has spent two decades defying assumptions about what porn can be. The Barcelona-based filmmaker and studio head has built a global reputation on a simple premise: that sex onscreen should feel human, ethical and emotionally resonant.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

Show More