Section 1143 | CALCRIM (Jury Instructions)

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 conduct 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 conduct is obscene, do not
weigh the value of the conduct against its prurient appeal.
[The depiction of nudity, by itself, does not make conduct obscene. In
order for conduct involving 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 conduct
obscene. In order for conduct depicting sexual activity to be obscene, it
must meet the requirements for obscenity listed above.]
The People must prove that the defendant knew the character of the
conduct but do not need to prove that the defendant knew whether the
conduct met the definition of obscene.
[A person accused of committing this crime can be an individual,
partnership, firm, association, corporation, limited liability company, or
other legal entity.]
[In deciding the conduct’s character and whether it lacks serious literary,
artistic, political, or scientific value, consider whether the circumstances
of its (production[,]/ [or] presentation[,]/ [or] advertising[,]/ [or] showing)
indicate that the conduct was being commercially exploited because of its
prurient appeal. You must decide the weight, if any, to give this
evidence.]
[In deciding whether the conduct lacks serious literary, artistic, political,
or scientific value, you may [also] consider whether the defendant knew
that the conduct showed persons under 16 years old engaging in sexual
activities. You must decide the weight, if any, to give this evidence.]
[In deciding whether, according to contemporary statewide standards,
the conduct appeals to a prurient interest, you may consider whether
similar conduct is openly shown in the statewide community. You must
decide the weight, if any, to give this evidence.]
[If it appears from the character of the conduct or the circumstances of
SEX OFFENSES
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its presentation or showing that it is designed for a clearly defined
deviant sexual group, the appeal of the conduct must be judged based on
its intended audience.]
<Defense: Legitimate Scientific or Educational Purpose>
[The defendant is not guilty of this crime if (he/she) was