Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 313

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 313

As used in this chapter:
   (a) "Harmful matter" means matter, taken as a whole, which to the
average person, applying contemporary statewide standards, appeals to
the prurient interest, and is matter which, taken as a whole,
depicts or describes in a patently offensive way sexual conduct and
which, taken as a whole, lacks serious literary, artistic, political,
or scientific value for minors.
   (1) When it appears from the nature of the matter or the
circumstances of its dissemination, distribution or exhibition that
it is designed for clearly defined deviant sexual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
   (2) In prosecutions under this chapter, where circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter  is being commercially exploited by
the defendant for the sake of its prurient appeal, that evidence is
probative with respect to the nature of the matter and can justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value for minors.
   (b) "Matter" means any book, magazine, newspaper, video recording,
or other printed or written material or any picture, drawing,
photograph, motion picture, or other pictorial representation or any
statue or other figure, or any recording, transcription, or
mechanical, chemical, or electrical reproduction or any other
articles, equipment, machines, or materials.  "Matter" also includes
live or recorded telephone messages when transmitted, disseminated,
or distributed as part of a commercial transaction.
   (c) "Person" means any individual, partnership, firm, association,
corporation, limited liability company, or other legal entity.
   (d) "Distribute" means to transfer possession of, whether with or
without consideration.
   (e) "Knowingly" means being aware of the character of the matter.

   (f) "Exhibit" means to show.
   (g) "Minor" means any natural person under 18 years of age.

Last modified: January 12, 2009