Posted by Eugene Volokh: Is Showing a Film With Naked Dancing and Couple Having Sex (Shown from the Waist Up) to 16-Year-Old http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239829326
the Crime of "Exhibiting Harmful Matter to a Minor"? That's the question in [1]People v. Dyke, decided last week, and the answer is "no," in the absence of more details about the movies. The prosecution doubtless arose because the defendant (the father of a friend of the 16-year-old) tried to seduce the 16-year-old, and the defendant was indeed convicted of misdemeanor sexual battery (for stroking the 16-year-old's breast). But the court concludes that, absent more details about the movies, evidence that such movies were shown is insufficient to sustain a conviction for displaying "harmful to minors" material (basically, the same test as for obscenity but with "for minors" attached to each prong). It's a short and readable decision -- if you're interested, check it out. References 1. http://www.courtinfo.ca.gov/opinions/documents/A117955.PDF _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
