Section 1142 | CALCRIM (Jury Instructions)

3. An average adult person applying contemporary statewide
standards would conclude that it appeals to a prurient interest.
A prurient interest is a shameful or morbid interest in nudity, sex, or
excretion.
Material means ([[a] ((book[,]/ [or] magazine[,]/ [or] newspaper[,]/ [or]
[other] printed or written material][(,/;)]/ [or] [a picture[,]/ [or]
drawing[,]/ [or] photograph[,]/ [or] motion picture[,]/ [or] [other]
pictorial representation][(,/;)]/ [or] [a statue or other figure][(,/;)]/ [or] [a
(recording[,]/ [or] transcription[,]/ [or] mechanical, chemical, or electrical
reproduction][(,/;)]/ [or any other article, equipment, or machine]).
[Material also means live or recorded telephone messages transmitted,
disseminated, or distributed as part of a commercial transaction.]
Applying contemporary statewide standards means using present-day
standards and determining the effect of the material on all those whom it
is likely to reach within the state, in other words, its impact on the
average adult 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 term contemporary statewide standards means
what is acceptable to the statewide community as a whole, not what
some person or persons may believe the community should 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 standards are. However, you may not
use the standards of a specific local community, by themselves, to
establish the contemporary statewide standards.]
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.
[The depiction of nudity, by itself, does not make material obscene. In
order for material containing nudity to be obscene, it must depict sexual
activity and must meet the requirements for obscenity listed above.]
[The depiction of sexual activity, by itself, does not make material
obscene. In order for material depicting sexual activity to be obscene, it
must meet the requirements for obscenity listed above.]
[Material is not considered obscene under the law if (all persons under
the age of 18 years depicted in the material are legally emancipated/ [or]
SEX OFFENSES
CALCRIM No. 1142
897

it only shows lawful conduct between spouses).]
The People must prove that the defendant knew the character of the
material but do not need to prove that the defendant knew whether the
material met t