AB 308

Under current law, it is a crime to import, print, sell, possess for sale, publish,

exhibit, play, or distribute any obscene material; to produce or perform in any

obscene performance; to require, as a condition to the purchase of periodicals, that

a retailer accept obscene material; to distribute, exhibit, or play any obscene material

to a person under the age of 18 years; or to possess with intent to distribute, exhibit,

or play to a person under the age of 18 years any obscene material. Obscene material

means a writing, picture, film, or other recording that the average person, applying

contemporary community standards, would find appeals to the prurient interest if

taken as a whole; that under contemporary community standards describes or shows

sexual conduct in a patently offensive way; and that lacks serious literary, artistic,

political, educational, or scientific value, if taken as a whole.

Under current law, no person who is an employee, a member of the board of

directors, or a trustee of certain educational institutions and libraries is liable to

prosecution for an obscene materials violation for acts or omissions while in his or

her capacity as an employee, a member of the board of directors, or a trustee of such

an institution. This bill removes public elementary and secondary schools, private

schools, and tribal schools from the list of institutions for which an employee is

protected from prosecution for an obscene materials violation.