I have a question on California’s obscenity law. Is it more restrictive than federal? I found this part troubling:
“(3) In determining whether the matter taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the matter depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may be considered in making that determination.”
To me, it reads as if they will want more “serious value” if the matter depicts people under 16, when it should be neutral. But I might be reading too much into it.
Here is the statute: Law section