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

Lilly Bell Leads Latest From Evil Angel

Multi-XMAs winner Lilly Bell stars with Olivia Would in the latest release from Evil Angel’s “Pansexual X” series, directed by Aiden Starr.

On the Set: Sid Knox Raises Hell With 'The Devil in Her'

Director Sid Knox is sprawled across the floor as Octavia Red kicks him in the stomach.

Andi Avalon, Summer Kline Front Latest Release From FreeUse

Andi Avalon and Summer Kline star with Arin Jones in the latest POV release from FreeUse.

Zariah Aura, Eva Maxim Star in Latest From TransSensual

Zariah Aura and Eva Maxim star with Baxxx in the latest release from Mile High Media studio imprint TransSensual, titled "Army Brat Threesome."

Jazmin Black Makes Her Adult Time Debut

Jazmin Black has made her Adult Time debut alongside Jason Sarcinelli in the latest release from studio imprint Pure Taboo, titled “A Taste For Older Men.”

Pineapple Support Names Ny Ny Lew Brand Ambassador

Pineapple Support has named Ny Ny Lew as its newest brand ambassador.

Federal AV Proposal Passes House, Faces Senate Opposition

The U.S. House of Representatives on Monday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law, but the bill still faces tough going in the Senate.

Elly Clutch, Abigaiil Morris & Alex Jones Lead Latest From Brazzers

Elly Clutch and Abigaiil Morris star with multi-XMAs winner Alex Jones in the latest Brazzers release, "Baddies Fuck Around On The Job."

Hazel Heart Makes Her Blacked Raw Debut

Hazel Heart has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash.

Avery Lust Leads Latest From TransAngels

Avery Lust stars with Emma Rosie in the latest release from TransAngels, titled "Boned on the Fourth of July."

Show More