Section 1141 | CALCRIM (Jury Instructions)

1. It shows or describes sexual conduct in an obviously offensive
way;
2. A reasonable person would conclude that it lacks serious literary,
artistic, political, or scientific value;
AND
3. An average adult person, applying contemporary statewide
standards, would conclude it appeals to a prurient interest.
A prurient interest is a shameful or morbid interest in nudity, sex, or
excretion.
Matter means any representation of information, data, or image,
including any
(film/filmstrip/photograph/negative/slide/photocopy/videotape/video laser
disc/computer hardware or software/computer floppy disk/data storage
medium/CD-ROM/computer-generated equipment/ [or] computer-
generated image that contains any film or filmstrip).
Applying contemporary statewide standards means using present-day
standards and determining the effect of the matter on all those whom it
is likely to reach within the state, in other words, its impact on the
average person in the statewide community. The average adult person is a
hypothetical person who represents the entire community, including both
men and women; religious and nonreligious people; and adults of
varying ages, educational and economic levels, races, ethnicities, and
points of view. The contemporary statewide standard means what is
acceptable to the statewide community as a whole, not what some person
or persons may believe the community ought to accept. The test you
must apply is not what you find offensive based on your own personal,
social, or moral views. Instead, you must make an objective
determination of what would offend the statewide community as a whole.
[You may consider evidence of local community standards in deciding
what the contemporary statewide standard is. However, you may not use
the standard of a local community, by itself, to establish the
contemporary statewide standard.]
The material is not obscene unless a reasonable person would conclude
that, taken as a whole, it lacks serious literary, artistic, political, or
scientific value. When deciding whether the material is obscene, do not
weigh its value against its prurient appeal.
[Matter is not considered obscene under the law if (all persons under the
age of 18 depicted in the matter are legally emancipated/ [or] it only
shows lawful conduct between spouses).]
[The depiction of nudity, by itself, does not make matter obscene. In
CALCRIM No. 1141
SEX OFFENSES
890

order for matter containing nudity to be obscene, it must depict sexual
activity and it must meet the requirements for obscenity listed above.]
[The depiction of sexual activity, by itself, does not make matter obscene.
In order for matter depicting sexual activity to be obscene, it must meet
the requirements for obscenity listed above.]
Sexual conduct means actual or simulated (sexual intercourse/ [or] oral
copulation[,]/ [or] anal intercourse[,]/ [or] anal oral copulation[,]/ [or]
<insert other sexual conduct as defined in Pen. Code,
§ 311.4(d)(1)>). An act is simulated when it gives the appear