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

Millie Morgan, Ken Feels Star in Latest From New Sensations

Millie Morgan and Ken Feels star in the latest release from New Sensations.

Violet Myers Leads New Gangbang From Blacked

Violet Myers stars in the latest gangbang release from Vixen Media Group studio imprint Blacked.

Violet Voss Stars in Latest From Bang Bros

Violet Voss stars with Don Sudan in a new scene for Bang Bros.

Taylor Vixxen Fronts Latest From Swappz

Taylor Vixxen stars in the new scene from Swappz, titled “No Nut November School Survival Guide.”

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Yhivi, Selena Love Star in Latest From Girlsway

Yhivi and Selena Love star in the latest episode of Girlsway series “All Girl Massage,” titled “I Never Knew I Could Get This Wet.”

Jonni Darkko on Balance, Creativity and Doing What He Wants

Jonni Darkko wakes up around 6:30 each morning, but it’s not just because he’s a busy entrepreneur. True, he has run his own production company for the past 20 years and maintains a hectic production schedule, directing for DarkkoTV.com and EvilAngel.com — but there’s also Lulu.

Girthmasterr Plays Ball in Latest Brazzers Release

Studio exclusive Girthmasterr stars with Elly Clutch and Kira Noir in the latest release from Brazzers, "Cumming Time: The Rise of Girthmasterr."

Hazel Grace, Amari Anne Lead Thanksgiving-Themed Release From West Coast Productions

Hazel Grace and Amari Anne star with Kaby Snow in a Thanksgiving-themed release from West Coast Productions (WCP), titled “The Main Dish.”

Kylie Rocket, Beca Barbie Star in New Elegant Angel Release

Kylie Rocket and Beca Barbie star in a scene from Elegant Angel, titled “Pilgrim Pleasure.”

Show More