Calif. Bill Would Expand Illegal-Image Prosecutions

SACRAMENTO — Thursday’s ruling by Washington state justices on the prosecution of a man who had multiple child porn charges thrown out because the state law limits child porn charges to a single offense is just the opposite of what some legislators have in mind in California.

In the Washington state case, the high court upheld an appeals court ruling that requires the resentencing of Randy J. Sutherby on one count. Justices there ruled that those found with images of child porn can be prosecuted under state law only for a single offense per possession, not multiple counts based on the number of images or children.

But in California, a bill is wending through the state Legislature that would rewrite obscenity and child porn laws and provide more ammunition to prosecutors by treating each illegal image as a “distinct and separate offense.”

SB 203, sponsored by state Sen. Tom Harmon, was introduced in February and has reached several committees. A majority vote is required by the state Senate for the bill to pass.

Harmon and co-authoring legislators were unavailable to comment on SB 203 due to the Good Friday holiday.

ASACP’s CEO, Joan Irvine, told XBIZ that Harmon’s bill is reasonable when it comes to child porn.

“I agree that there should be separate charges for each individual child that has been victimized each time their images are possessed by an individual,” ASACP CEO Joan Irvine told XBIZ. “It only makes sense as the real crime has been committed against each child. If someone kills 20 people they are charged with 20 murders not one mass murder.”

Irvine, however, was bothered by some of “the implication and broadness of some of the [bill’s] language which appears to have nothing to do with child pornography.”

“For example, they consistently interchange the words child pornography and obscene matter,” she said. “It would be clearer if they consistently used ‘images of sexual child abuse’ or child pornography.

“I also didn’t understand their reasoning for why there was a distinction between commercial exploitation and just distribution since both are wrong,” she said. “They also define matter to include ‘a live or recorded telephone message’ if part of distribution. However, an image of sexual child abuse cannot be seen in a telephone message.”

“SB 203 includes some very confusing language regarding a distinction for a legally emancipated minor, the depiction of a person under the age of 18 engaged in the act of sexual conduct and the use of the phrase ‘deviant sexual group.’”

Attorney Jeffrey Douglas told XBIZ that much of the confusion with the language written into SB 203 lies with the way legislators initially wrote child porn laws.

"Unfortunately, given the history of the creation of child pornography laws in California, the same numbered statutes cover child pornography and obscenity, albeit in differently lettered subsections," said Douglas, who also is chair of the Free Speech Coalition.

"In what I assume is either a drafting error, or a result of the awkward structure of the Penal Code chapter, which covers both laws, the bill in its current form would increase punishment for distribution of obscenity, based upon the number of performers in the movie.

"That is, mildly put, irrational. I am confident that the problem will be cleared up during the routine committee process."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Remy LaCroix Headlines 1st Installment of Seth Gamble's 'Ultimacy III'

LucidFlix has released the debut installment of "Ultimacy III," the new POV series from XBIZ Performer of the Year Seth Gamble, featuring the comeback of Remy LaCroix.

Jia Lissa Stars in Latest From Blacked Raw

Jia Lissa stars with Troy Francisco in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Vanna Bardot Stars in Latest From Elegant Angel's 'Performers of the Year 2024'

Reigning and two-time XBIZ Female Performer of the Year Vanna Bardot stars with XBIZ Male Performer of the Year Zac Wild and Isiah Maxwell in the latest from Elegant Angel, titled "And the Winner Is."

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups that previously endorsed Project 2025 — which calls for the criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described “presidential transition” blueprint, following Donald Trump’s repeated claims that he disagrees with an unspecified number of its positions.

BranditScan Unveils Protection Plan for Adult Studios

BranditScan has launched a new content protection plan tailored specifically for adult studios.

Ashby Hunter Is Hustler's 'Cover Honey' for August

Russian model Ashby Hunter is the Cover Honey for the August issue of Hustler magazine, and appears in a 14-page centerfold spread shot by Davide Esposito.

MYLF Drops 2nd Installment of 'Motherfucker' Starring Millie Morgan

MYLF has released the second installment of its latest feature, "Motherfucker," starring Millie Morgan.

Lulu Chu Stars in 'Taxes & Titties' From Brazzers

Lulu Chu stars with Van Wylde in the latest release from Brazzers, titled "Taxes & Titties."

Brandi Love Stars in Latest From Blacked Raw

Vixen Media Group (VMG) exclusive Brandi Love stars with Jay Hefner in the latest release from studio imprint Blacked Raw.

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Show More