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

Krystal Sparks Fronts Latest Reality Junkies

Krystal Sparks stars with Jay Smooth in the latest scene from Mile High Media studio imprint Reality Junkies.

Yhivi, Lulu Chu Star in Latest From Brazzers

Yhivi stars with Lulu Chu in the studio's latest release, titled “Splish Splash Squirt.”

Octavia Red, Little Puck Lead Latest From Girlsway

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Little Puck in the latest release from Girlsway, titled “How’s the View?”

Eva Angelina Returns to Tushy

Eva Angelina stars with Milan Ponjevic in the latest release from Vixen Media Group (VMG) studio imprint Tushy.

SCREEN Act Back in Play: Federal AV Bill Faces Senate Hearing

The U.S. Senate Committee on Commerce, Science, and Transportation has slated a markup session this week for the SCREEN Act, which would mandate site-based age verification of users accessing adult content online on a national level.

Fiona Makes Her WIFEY Debut

Fiona has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Johnny and Isiah Maxwell.

Penthouse Names Angel Golightly as August's 'Pet of the Month'

Penthouse Magazine has named Angel Golightly as Pet of the Month for August.

Shalina Devine Leads Latest Volume of Dorcel's 'M.I.L.F.S.'

Shalina Devine headlines the fifth volume of Dorcel’s "M.I.L.F.S."

Brandi Swan Makes Her Family Strokes Debut

Brandi Swan has made her Family Strokes debut alongside director Joshua Lewis.

TTS Launches 'Unlimited Pass' Program

Talent Testing Service (TTS) has launched its new Unlimited Pass membership program.

Show More