California Civil Code

§ 52.8

CIV § 52.8 Effective Jan 1, 2023Div. 1 · Part 2

Statute text

(a)In a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to distribute unauthorized obscene materials, including through electronic distribution, a prevailing plaintiff shall be awarded attorney’s fees and costs.

(b)For purposes of this section:

(1)“Obscene material” means material, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.

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Legislative history

Added by Stats. 2022, Ch. 26, Sec. 1. (SB 1210) Effective January 1, 2023.