SHOWING HARMFUL MATTER TO A MINOR (What's "Harmful?)
The defendant here was convicted of showing harmful matter to a minor in violation of California Penal Code sec. 288.2. The Court of Appeal says that "harmful matter" doesn't require that an
average adult would find the material patently offensive and unsuitable for minors.
The Court of Appeal says that the test is the 3-prong Miller (413 U.S.15) test, that the average person, applying community standards, would find that the work appeals to prurient interest, the work depicts sexual conduct in a patently offensive way, and the work as a whole lacks serious literary value.
The defendant here showed the minor two TV shows, one showing a naked woman dancing, the second a torso only shot of a man and a woman having sex. I think this sounds like standard cable TV fare, but of course the Court of Appeal finds sufficient evidence that this
qualifies as "harmful matter."
People v. Dyke; 2009 DJ DAR 5213; DJ, 4/10/09; C/A 1st
