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 © 2026 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

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

Blake Blossom, Romi Rain & Ophelia Fae Star in Latest From Girlsway

Blake Blossom, Romi Rain, and Ophelia Fae star in the latest release from Girlsway, titled "Downward Temptation."

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with director John Paul “The Pope” in the latest installment of Kink.com’s "Device Bondage" series, titled “Taken Down a Notch.”

Eris Jolie, Athena Parisi Star in Latest From TGirls.Porn

Eris Jolie and Athena Parisi star in the latest release from Grooby paysite TGirls.Porn, titled "Pool Day Date."

Leilani Li, Olivia Jay Lead Latest From TransAngels

Leilani Li and Olivia Jay star with King Noire in the latest release from TransAngels, titled "Deep Dive."

Tubes Booster Debuts New 'One-Click Update' Web Hosting Solution

Content management platform Tubes Booster has launched its new One-Click Update web hosting solution.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Cami Strella, River Lynn Front Latest From New Sensations

Cami Strella and River Lynn star in the latest release from New Sensations.

Vixen Drops Cross-Site Feature 'Pull'

Vixen Media Group has released “Pull,” a five-part, cross-site feature with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Show More