Home > News > California Bill Seeks to Redefine Obscenity • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

California Bill Seeks to Redefine Obscenity

California Bill Seeks to Redefine Obscenity
Get XBIZ News
May 3, 2005 8:00 AM PDT    Text size: 
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.”

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

WIA Profile: Kate Hodgson-Egan

Each month, industry news media organization XBIZ spotlights the career accomplishments and outstanding contributions of Women in Adult. WIA profiles offer an intimate look at the professional lives of... More »

Q&A: Holiday Products Founder Moe Levy Reflects on Decades of Career Accomplishments

Born and raised in the Bronx, N.Y., as an only child, Moe Levy learned to become business savvy at an early age from his parents. Even more importantly, Levy says his parents instilled in him their people-oriented... More »

AWSummit’s Alexandru Gheorghe Has Eyes Set on Growth

The AWSummit has quickly made its mark and has become a top draw for chat hosts, studios and cam sites from all over the world. Founded by CEO Alexandru Gheorghe just two years ago, the cam-centric AW... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!