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

Brittany Andrews Leads Latest Scene From DFXtra

Brittany Andrews stars with Will Tile and Pierce Paris in the latest scene from DFXtra.

Jasmine Sherni Fronts Latest Release From TeamSkeet

Jasmine Sherni stars with Isabella Jules and Donnie Rock in the latest scene from TeamSkeet’s “Freeuse” series, titled “Freeuse Is a Gooner’s Best Friend.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Scott Nails in the latest Brazzers scene, “On Yhivi’s Table.”

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Jade Greene Fronts Latest From Swappz

Jade Greene stars in the new scene from Swappz, titled “‘You've Been Fucking My Daughter?!’ I Swapped Boyfriends With Mom.”

Maestro Claudio, Ashley Lane Featured in HBO Series 'The Chair Company'

Maestro Claudio and Ashley Lane star in a new episode of the HBO series “The Chair Company,” titled “I Won. Zoom In.”

Richard Mann Drops New Evil Angel Scene With Alexis James

Alexis James stars in a new Evil Angel scene alongside director/performer Richard Mann.

Cubbi Thompson Fronts Latest From Dark X

Cubbi Thompson stars with Jax Slayher in the latest release from XEmpire studio brand Dark X, titled “Busty Cubbi Thompson Gets Slayed.”

Lilly Bell Stars in Latest From TeamSkeet

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars in a new scene for TeamSkeet’s “Breeding Material” series, titled “Doctor's Orders! Desperate Friends Need a Triple Breeding Session.”

Performer Jeanna Fine Passes Away at 61

Performer Jeanna Fine has passed away at age 61, according to social media reports.

Show More