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

Madison Ivy Returns to Brazzers

Madison Ivy has returned to Brazzers alongside studio exclusive Girthmasterr in "The Boss is Back."

Ivy Ireland Toplines Jonni Darkko's 'Anal Size Queens 2'

Ivy Ireland headlines the second volume of director Jonni Darkko's "Anal Size Queens," from Evil Angel.

Juliana Marie, Thea Summers Lead Latest From TeamSkeet

Juliana Marie and Thea Summers star with Jayden Marcos in the latest release from TeamSkeet's "Reptyle Labs" series.

Tiffani Time Stars in Latest From Kink.com

Tiffani Time stars with Nicolas Ryder in the latest installment of Kink.com's "Divine Bitches" series, titled "Power Fucked."

Kazumi Partners With Rose in Good Faith to Release 'V-Mule' Vulva-Shaped Footwear

Multi-XMAs winner Kazumi has teamed up with fashion brand Rose in Good Faith to release V-Mule vulva-shaped footwear.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Cubbi Thompson Leads Latest From New Sensations

Cubbi Thompson stars with Codey Steele in the latest release from New Sensations.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

Show More