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

Ophelia Fae, Ameena Green Take a Bow at Screening of Casey Calvert's 'Straight Girls'

Casey Calvert returned to Elysian Theater in Los Angeles on Thursday night for an intimate screening of her new Adult Time/Girlsway feature "Straight Girls," which just so happens to have been filmed on that very stage.

Busty Anabel Makes Studio Debut, Performs Her 1st DVP for Immoral Productions

Busty Anabel has made her studio debut and performed her first DVP alongside Matt Bird, Jacob Coldwater, and studio honcho “Porno Dan” Leal in the latest trilogy from Immoral Productions.

Kira Noir Leads Latest From Brazzers

Kira Noir stars with Eddie Jaye in the studio's latest release, titled “Couples Massage Getaway.”

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

Gender X Debuts Jim Powers' Limited Series 'Trans Deliveries'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Deliveries."

Lo Lacey Makes Her WIFEY Debut

Lo Lacey has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Nathan, Dan Damage, and Goldey.

Gigi Dior Toplines Latest 'MILF Anal' From Doghouse Digital

Gigi Dior headlines the second volume of “MILF Anal” from Mile High Media studio imprint Doghouse Digital.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Arin Jones in the latest release from Kink.com’s “Edged and Bound” series, titled “Dom Surrenders and Submits.”

Asteria Jade Makes Her Kink.com Debut

Asteria Jade has made her Kink.com debut alongside real-life partner Sage Roux in "The Debut of a Goddess."

Show More