University Buildings & Grounds, Use of
California State University, Fresno
September 21, 2017
Policy No. D-08.50
APPENDIX G
California
Penal Code
Referenced State Code Sections
311. As used in this chapter, the following definitions apply:
(a)
"Obscene matter" means matter, taken as a whole, that to the average person, applying contemporary
statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual
conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or
scientific value.
(1)
If 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, if 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, this evidence is probative with respect to the nature of the matter and may justify the
conclusion that the matter lacks serious literary, artistic, political, or scientific value.
(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.
(b)
"Matter" means any book, magazine, newspaper, 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 article,
equipment, machine, or material. "Matter" also means live or recorded telephone messages if 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 transfer possession of, whether with or without consideration.
(e)
"Knowingly" means being aware of the character of the matter or live conduct.
(f)
"Exhibit" means show.
(g)
"Obscene live conduct" means any physical human body activity, whether performed or engaged in
alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or
pantomiming, taken as a whole, that to the average person, applying contemporary statewide standards,
appeals to the prurient interest and is conduct that, taken as a whole, depicts or describes sexual conduct in
a patently offensive way and that, taken as a whole, lacks serious literary, artistic, political, or scientific
value.
(1)
If it appears from the nature of the conduct or the circumstances of its production, presentation, or
exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the conduct shall be
judged with reference to its intended recipient group.
(2)
In prosecutions under this chapter, if circumstances of production, presentation, advertising, or
exhibition indicate that the defendant for the sake of its prurient appeal is commercially exploiting live
conduct, that evidence is probative with respect to the nature of the conduct and may justify the conclusion
that the conduct lacks serious literary, artistic, political, or scientific value.
(3)
In determining whether the live conduct 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
live conduct 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.