CALCRIM No. 1143

The defendant is charged [in Count] with (engaging or

participating in[,]/ [or] managing[,]/ [or] producing[,]/ [or] sponsoring[,]/

[or] presenting or showing) obscene live conduct [in violation of Penal

Code section 311.6].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (engaged or participated in[,]/ [or] managed[,]/

[or] produced[,]/ [or] sponsored[,]/ [or] presented or showed)

obscene live conduct;

2. The defendant knew of the character of the conduct;

AND

3. The obscene live conduct occurred in front of an audience of at

least one person in (a public place/ [or] a place open to the

public[, or a segment of the public,] or to public view).

Live conduct means physical activity by a person acting alone or with

someone else[, including but not limited to (dancing[,]/ [or] acting[,]/ [or]

simulating[,]/ [or] pantomiming[,]/ [or] singing[,]/ [or] speaking)].

Y ou must decide whether the conduct at issue in this case meets the

definition of obscene live conduct. Live conduct, when considered as a

whole, is obscene if:

1. It shows or describes sexual conduct in an obviously offensive

way;

2. A reasonable person would conclude that it lacks serious literary,

artistic, political, or scientific value;

AND

3. An average adult person applying contemporary statewide

standards would conclude it appeals to a prurient interest.

A prurient interest is a shameful or morbid interest in nudity, sex, or

excretion.

Applying contemporary statewide standards means using present-day

standards and determining the effect of the conduct on all those whom it

is likely to reach within the state, in other words, its impact on the

average adult person in the statewide community. The average adult

person is a hypothetical person who represents the entire community,

including both men and women, religious and nonreligious people, and

adults of varying ages, educational and economic levels, races, ethnicities,

and points of view. The term contemporary statewide standards means

what is acceptable to the statewide community as a whole, not what

some person or persons may believe the community should accept. The

test you must apply is not what you find offensive based on your own

personal, social, or moral views. Instead, you must make an objective

determination of what would offend the statewide community as a whole.

[Y ou may consider evidence of local community standards in deciding

what the contemporary statewide standards are. However, you may not

use the standards of a specific local community, by themselves, to

establish the contemporary statewide standards.]

The conduct is not obscene unless a reasonable person would conclude

that, taken as a whole, it lacks serious literary, artistic, political, or

scientific value. When deciding whether the conduct is obscene, do not

weigh the value of the conduct against its prurient appeal.

[The depiction of nudity, by itself, does not make conduct obscene. In

order for conduct involving nudity to be obscene, it must depict sexual

activity and must meet the requirements for obscenity listed above.]

[The depiction of sexual activity, by itself, does not make conduct

obscene. In order for conduct depicting sexual activity to be obscene, it

must meet the requirements for obscenity listed above.]

The People must prove that the defendant knew the character of the

conduct but do not need to prove that the defendant knew whether the

conduct met the definition of obscene.

[A person accused of committing this crime can be an individual,

partnership, firm, association, corporation, limited liability company, or

other legal entity.]

[In deciding the conduct’s character and whether it lacks serious literary,

artistic, political, or scientific value, consider whether the circumstances

of its (production[,]/ [or] presentation[,]/ [or] advertising[,]/ [or] showing)

indicate that the conduct was being commercially exploited because of its

prurient appeal. Y ou must decide the weight, if any, to give this

evidence.]

[In deciding whether the conduct lacks serious literary, artistic, political,

or scientific value, you may [also] consider whether the defendant knew

that the conduct showed persons under 16 years old engaging in sexual

activities. Y ou must decide the weight, if any, to give this evidence.]

[In deciding whether, according to contemporary statewide standards,

the conduct appeals to a prurient interest, you may consider whether

similar conduct is openly shown in the statewide community. Y ou must

decide the weight, if any, to give this evidence.]

[If it appears from the character of the conduct or the circumstances of

CALCRIM No. 1143 SEX OFFENSES

its presentation or showing that it is designed for a clearly defined

deviant sexual group, the appeal of the conduct must be judged based on

its intended audience.]

<Defense: Legitimate Scientific or Educational Purpose>

[The defendant is not guilty of this crime if (he/she) was engaging in

legitimate medical, scientific, or educational activities. The People have

the burden of proving beyond a reasonable doubt that the defendant was

not acting for a legitimate medical, scientific or educational purpose. If

the People have not met this burden, you must find the defendant not

guilty of this crime.]

New January 2006