2005 California Penal Code Sections 311-312.7 CHAPTER 7.5. OBSCENE MATTER

PENAL CODE
SECTION 311-312.7

311.  As used in this chapter, the following definitions apply:
   (a) "Obscene matter" means matter, 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.
   (1) If it appears from the nature of the matter or the
circumstances of its dissemination, distribution, or exhibition that
it is designed for clearly defined deviant sexual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
   (2) In prosecutions under this chapter, if circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited by the
defendant for the sake of its prurient appeal, this evidence is
probative with respect to the nature of the matter and may justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value.
   (3) In determining whether the matter taken as a whole lacks
serious literary, artistic, political, or scientific value in
description or representation of those matters, the fact that the
defendant knew that the matter depicts persons under the age of 16
years engaged in sexual conduct, as defined in subdivision (c) of
Section 311.4, is a factor that may be considered in making that
determination.
   (b) "Matter" means any book, magazine, newspaper, or other printed
or written material, or any picture, drawing, photograph, motion
picture, or other pictorial representation, or any statue or other
figure, or any recording, transcription, or mechanical, chemical, or
electrical reproduction, or any other article, equipment, machine, or
material.  "Matter" also means live or recorded telephone messages
if transmitted, disseminated, or distributed as part of a commercial
transaction.
   (c) "Person" means any individual, partnership, firm, association,
corporation, limited liability company, or other legal entity.
   (d) "Distribute" means transfer possession of, whether with or
without consideration.
   (e) "Knowingly" means being aware of the character of the matter
or live conduct.
   (f) "Exhibit" means show.
   (g) "Obscene live conduct" means any physical human body activity,
whether performed or engaged in alone or with other persons,
including but not limited to singing, speaking, dancing, acting,
simulating, or pantomiming, taken as a whole, that to the average
person, applying contemporary statewide standards, appeals to the
prurient interest and is conduct 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.
   (1) If it appears from the nature of the conduct or the
circumstances of its production, presentation, or exhibition that it
is designed for clearly defined deviant sexual groups, the appeal of
the conduct shall be judged with reference to its intended recipient
group.
   (2) In prosecutions under this chapter, if circumstances of
production, presentation, advertising, or exhibition indicate that
live conduct is being commercially exploited by the defendant for the
sake of its prurient appeal, that evidence is probative with respect
to the nature of the conduct and may justify the conclusion that the
conduct lacks serious literary, artistic, political, or scientific
value.
   (3) In determining whether the live conduct taken as a whole lacks
serious literary, artistic, political, or scientific value in
description or representation of those matters, the fact that the
defendant knew that the live conduct depicts persons under the age of
16 years engaged in sexual conduct, as defined in subdivision (c) of
Section 311.4, is a factor that may be considered in making that
determination.
   (h) The Legislature expresses its approval of the holding of
People v.  Cantrell, 7 Cal. App. 4th 523, that, for the purposes of
this chapter, matter that "depicts a person under the age of 18 years
personally engaging in or personally simulating sexual conduct" is
limited to visual works that depict that conduct.
311.1.  (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others, or who offers to distribute,
distributes, or exhibits to, or exchanges with, others, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating sexual conduct,
as defined in Section 311.4, shall be punished either by
imprisonment in the county jail for up to one year, by a fine not to
exceed one thousand dollars ($1,000), or by both the fine and
imprisonment, or by imprisonment in the state prison, by a fine not
to exceed ten thousand dollars ($10,000), or by the fine and
imprisonment.
   (b) This section does not apply to the activities of law
enforcement and prosecuting agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
   (c) This section does not apply to matter which depicts a child
under the age of 18, which child is legally emancipated, including
lawful conduct between spouses when one or both are under the age of
18.
   (d) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or perform related activities in providing telephone
services.
311.2.  (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, or prints, with intent to distribute or to exhibit to
others, or who offers to distribute, distributes, or exhibits to
others, any obscene matter is for a first offense, guilty of a
misdemeanor.  If the person has previously been convicted of any
violation of this section, the court may, in addition to the
punishment authorized in Section 311.9, impose a fine not exceeding
fifty thousand dollars ($50,000).
   (b) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others for commercial consideration,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, others for commercial consideration, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating sexual conduct,
as defined in Section 311.4, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, three, or six
years, or by a fine not exceeding one hundred thousand dollars
($100,000), in the absence of a finding that the defendant would be
incapable of paying such a fine, or by both  that fine and
imprisonment.
   (c) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person 18 years of age or older,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, a person 18 years of age or older any matter, knowing
that the matter depicts a person under the age of 18 years
personally engaging in or personally simulating sexual conduct, as
defined in Section 311.4, is guilty of a misdemeanor and shall be
punished by imprisonment in the county jail for up to one year, or by
a fine not exceeding two thousand dollars ($2,000), or by both that
fine and imprisonment.  It is not necessary to prove commercial
consideration or that the matter is obscene in order to establish a
violation of this subdivision.  If a person has been previously
convicted of a violation of this subdivision, he or she is guilty of
a felony.
   (d) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person under 18 years of age, or
who offers to distribute, distributes, or exhibits to, or exchanges
with, a person under 18 years of age any matter, knowing that the
matter depicts a person under the age of 18 years personally engaging
in or personally simulating sexual conduct, as defined in Section
311.4, is guilty of a felony.  It is not necessary to prove
commercial consideration or that the matter is obscene in order to
establish a violation of this subdivision.
   (e) Subdivisions (a) to (d), inclusive, do not apply to the
activities of law enforcement and prosecuting agencies in the
investigation and prosecution of criminal offenses, to legitimate
medical, scientific, or educational activities, or to lawful conduct
between spouses.
   (f) This section does not apply to matter that depicts a legally
emancipated child under the age of 18 years or to lawful conduct
between spouses when one or both are under the age of 18 years.
   (g) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or to perform related activities in providing telephone
services.
311.3.  (a) A person is guilty of sexual exploitation of a child if
he or she knowingly develops, duplicates, prints, or exchanges any
representation of information, data, or image, including, but not
limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip
that depicts a person under the age of 18 years engaged in an act of
sexual conduct.
   (b) As used in this section, "sexual conduct" means any of the
following:
   (1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
   (2) Penetration of the vagina or rectum by any object.
   (3) Masturbation for the purpose of sexual stimulation of the
viewer.
   (4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
   (5) Exhibition of the genitals or the pubic or rectal area of any
person for the purpose of sexual stimulation of the viewer.
   (6) Defecation or urination for the purpose of sexual stimulation
of the viewer.
   (c) Subdivision (a) does not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
   (d) Every person who violates subdivision (a) shall be punished by
a fine of not more than two thousand dollars ($2,000) or by
imprisonment in  a county jail for not more than one year, or by both
that fine and imprisonment.  If the person has been previously
convicted of a violation of subdivision (a) or any section of this
chapter, he or she shall be punished by imprisonment in the state
prison.
   (e) The provisions of this section do not apply to an employee of
a commercial film developer who is acting within the scope of his or
her employment and in accordance with the instructions of his or her
employer, provided that the employee has no financial interest in the
commercial developer by which he or she is employed.
   (f) Subdivision (a) does not apply to matter that is unsolicited
and is received without knowledge or consent through a facility,
system, or network over which the person or entity has no control.
311.4.  (a) Every person who, with knowledge that a person is a
minor, or who, while in possession of any facts on the basis of which
he or she should reasonably know that the person is a minor, hires,
employs, or uses the minor to do or assist in doing any of the acts
described in Section 311.2, is, for a first offense, guilty of a
misdemeanor.  If the person has previously been convicted of any
violation of this section, the court may, in addition to the
punishment authorized in Section 311.9, impose a fine not exceeding
fifty thousand dollars ($50,000).
   (b) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
sexual conduct by a minor under the age of 18 years alone or with
other persons or animals, for commercial purposes, is guilty of a
felony and shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (c) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
sexual conduct by a minor under the age of 18 years alone or with
other persons or animals, is guilty of a felony.  It is not necessary
to prove commercial purposes in order to establish a violation of
this subdivision.
   (d) (1) As used in subdivisions (b) and (c), "sexual conduct"
means any of the following, whether actual or simulated:  sexual
intercourse, oral copulation, anal intercourse, anal oral copulation,
masturbation, bestiality, sexual sadism, sexual masochism,
penetration of the vagina or rectum by any object in a lewd or
lascivious manner, exhibition of the genitals or pubic or rectal area
for the purpose of sexual stimulation of the viewer, any lewd or
lascivious sexual act as defined in Section 288, or excretory
functions performed in a lewd or lascivious manner, whether or not
any of the above conduct is performed alone or between members of the
same or opposite sex or between humans and animals.  An act is
simulated when it gives the appearance of being sexual conduct.
   (2) As used in subdivisions (b) and (c), "matter" means any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, or any other computer-related equipment or computer-generated
image that contains or incorporates in any manner, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, or
video laser disc.
   (e) This section does not apply to a legally emancipated minor or
to lawful conduct between spouses if one or both are under the age of
18.
   (f) In every prosecution under this section involving a minor
under the age of 14 years at the time of the offense, the age of the
victim shall be pled and proven for the purpose of the enhanced
penalty provided in Section 647.6.  Failure to plead and prove that
the victim was under the age of 14 years at the time of the offense
is not a bar to prosecution under this section if it is proven that
the victim was under the age of 18 years at the time of the offense.
311.5.  Every person who writes, creates, or solicits the
publication or distribution of advertising or other promotional
material, or who in any manner promotes, the sale, distribution, or
exhibition of matter represented or held out by him to be obscene, is
guilty of a misdemeanor.
311.6.  Every person who knowingly engages or participates in,
manages, produces, sponsors, presents or exhibits obscene live
conduct to or before an assembly or audience consisting of at least
one person or spectator in any public place or in any place exposed
to public view, or in any place open to the public or to a segment
thereof, whether or not an admission fee is charged, or whether or
not attendance is conditioned upon the presentation of a membership
card or other token, is guilty of a misdemeanor.
311.7.  Every person who, knowingly, as a condition to a sale,
allocation, consignment, or delivery for resale of any paper,
magazine, book, periodical, publication or other merchandise,
requires that the purchaser or consignee receive any obscene matter
or who denies or threatens to deny a franchise, revokes or threatens
to revoke, or imposes any penalty, financial or otherwise, by reason
of the failure of any person to accept obscene matter, or by reason
of the return of such obscene matter, is guilty of a misdemeanor.
311.8.  (a) It shall be a defense in any prosecution for a violation
of this chapter that the act charged was committed in aid of
legitimate scientific or educational purposes.
   (b) It shall be a defense in any prosecution for a violation of
this chapter by a person who knowingly distributed any obscene matter
by the use of telephones or telephone facilities to any person under
the age of 18 years that the defendant has taken either of the
following measures to restrict access to the obscene matter by
persons under 18 years of age:
   (1) Required the person receiving the obscene matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the obscene matter
begins, where the defendant has previously issued the code by mailing
it to the applicant therefor after taking reasonable measures to
ascertain that the applicant was 18 years of age or older and  has
established a procedure to immediately cancel the code of any person
after receiving notice, in writing or by telephone, that the code has
been lost, stolen, or used by persons under the age of 18 years or
that the code is no longer desired.
   (2) Required payment by credit card before transmission of the
matter.
   (c) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with subdivision (b) is confidential and shall not be sold or
otherwise disseminated except upon order of the court.
311.9.  (a) Every person who violates Section 311.2 or 311.5, except
subdivision (b) of Section 311.2, is punishable by fine of not more
than one thousand dollars ($1,000) plus five dollars ($5) for each
additional unit of material coming within the provisions of this
chapter, which is involved in the offense, not to exceed ten thousand
dollars ($10,000), or by imprisonment in the county jail for not
more than six months plus one day for each additional unit of
material coming within the provisions of this chapter, and which is
involved in the offense, such basic maximum and additional days not
to exceed 360 days in the county jail, or by both such fine and
imprisonment.  If such person has previously been convicted of any
offense in this chapter, or of a violation of Section 313.1, a
violation of Section 311.2 or 311.5, except subdivision (b) of
Section 311.2, is punishable as a felony.
   (b) Every person who violates Section 311.4 is punishable by fine
of not more than two thousand dollars ($2,000) or by imprisonment in
the county jail for not more than one year, or by both such fine and
such imprisonment.  If such person has been previously convicted of a
violation of former Section 311.3 or Section 311.4 he is punishable
by imprisonment in the state prison.
   (c) Every person who violates Section 311.7 is punishable by fine
of not more than one thousand dollars ($1,000) or by imprisonment in
the county jail for not  more than six months, or by both such fine
and imprisonment.  For a second and subsequent offense he shall be
punished by a fine of not more than two thousand dollars ($2,000), or
by imprisonment in the county jail for not more than one year, or by
both such fine and imprisonment.  If such person has been twice
convicted of a violation of this chapter, a violation of Section
311.7 is punishable as a felony.
311.10.  (a) Any person who advertises for sale or distribution any
obscene matter knowing that it depicts a person under the age of 18
years personally engaging in or personally simulating sexual conduct,
as defined in Section 311.4, is guilty of a felony and is punishable
by imprisonment in the state prison for two, three, or four years,
or in a county jail not exceeding one year, or by a fine not
exceeding fifty thousand dollars ($50,000), or by both such fine and
imprisonment.
   (b) Subdivision (a) shall not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses.
311.11.  (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film  or filmstrip,
the production of which involves the use of a person under the age of
18 years, knowing that the matter depicts a person under the age of
18 years personally engaging in or simulating sexual conduct, as
defined in subdivision (d) of Section 311.4, is guilty of a public
offense and shall be punished by imprisonment in the county jail for
up to one year, or by a fine not exceeding two thousand five hundred
dollars ($2,500), or by both the fine and imprisonment.
   (b) If a person has been previously convicted of a violation of
this section, or of a violation of subdivision (b) of Section 311.2,
or subdivision (b) of Section 311.4, he or she is guilty of a felony
and shall be punished by imprisonment for two, four, or six years.
   (c) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
   (d) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America, nor
does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.
312.  Upon the conviction of the accused, the court may, when the
conviction becomes final, order any matter or advertisement, in
respect whereof the accused stands convicted, and which remains in
the possession or under the control of the district attorney or any
law enforcement agency, to be destroyed, and the court may cause to
be destroyed any such material in its possession or under its
control.
312.1.  In any prosecution for a violation of the provisions of this
chapter or of Chapter 7.6 (commencing with Section 313), neither the
prosecution nor the defense shall be required to introduce expert
witness testimony concerning the obscene or harmful character of the
matter or live conduct which is the subject of the prosecution.  Any
evidence which tends to establish contemporary community standards of
appeal to prurient interest or of customary limits of candor in the
description or representation of nudity, sex, or excretion, or which
bears upon the question of significant literary, artistic, political,
educational, or scientific value shall, subject to the provisions of
the Evidence Code, be admissible when offered by either the
prosecution or by the defense.
312.3.  (a) Matter that depicts a person under the age of 18 years
personally engaging in or personally simulating sexual conduct as
defined in Section 311.4 and that is in the possession of any city,
county, city and county, or state official or agency is subject to
forfeiture pursuant to this section.
   (b) An action to forfeit matter described in subdivision (a) may
be brought by the Attorney General, the district attorney, county
counsel, or the city attorney.  Proceedings shall be initiated by a
petition of forfeiture filed in the superior court of the county in
which the matter is located.
   (c) The prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have a
property interest in the alleged proceeds.  The notice shall state
that any interested party may file a verified claim with the superior
court stating the amount of their claimed interest and an
affirmation or denial of the prosecuting agency's allegation.  If the
notice cannot be given by registered mail or personal delivery, the
notice shall be published for at least three successive weeks in a
newspaper of general circulation in the county where the property is
located.  All notices shall set forth the time within which a claim
of interest in the property seized is required to be filed.
   (d) (1) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds.  A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, county counsel, or city attorney, as appropriate.
   (2) If, at the end of the time set forth in paragraph (1), an
interested person has not filed a claim, the court, upon motion,
shall declare that the person has defaulted upon his or her alleged
interest, and it shall be subject to forfeiture upon proof of
compliance with subdivision (c).
   (e) The burden is on the petitioner to prove beyond a reasonable
doubt that matter is subject to forfeiture pursuant to this section.
   (f) It is not necessary to seek or obtain a criminal conviction
prior to the entry of an order for the destruction of matter pursuant
to this section.  Any matter described in subdivision (a) that is in
the possession of any city, county, city and county, or state
official or agency, including found property, or property obtained as
the result of a case in which no trial was had or that has been
disposed of by way of dismissal or otherwise than by way of
conviction may be ordered destroyed.
   (g) A court order for destruction of matter described in
subdivision (a) may be carried out by a police or sheriff's
department or by the Department of Justice.  The court order shall
specify the agency responsible for the destruction.
   (h) As used in this section, "matter" means any book, magazine,
newspaper, or other printed or written material or any picture,
drawing, photograph, motion picture, or other pictorial
representation, or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction, or
any other articles, equipment, machines, or materials.  "Matter" also
means any representation of information, data, or image, including,
but not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner any film or filmstrip.
   (i) This section does not apply to a depiction of a legally
emancipated minor or to lawful conduct between spouses if one or both
are under the age of 18.
   (j) It is a defense in any forfeiture proceeding that the matter
seized was lawfully possessed in aid of legitimate scientific or
educational purposes.
312.5.  If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other phrase,
clause, sentence, section, provision or application of this chapter,
which can be given effect without the invalid phrase, clause,
sentence, section, provision or application and to this end the
provisions of this chapter are declared to be severable.
312.6.  (a) It does not constitute a violation of this chapter for a
person or entity solely to provide access or connection to or from a
facility, system, or network over which that person or entity has no
control, including related capabilities that are incidental to
providing access or connection.  This subdivision does not apply to
an individual or entity that is owned or controlled by, or a
conspirator with, an entity actively involved in the creation,
editing, or knowing distribution of communications that violate this
chapter.
   (b) An employer is not liable under this chapter for the actions
of an employee or agent unless the employee's or agent's conduct is
within the scope of his or her employment or agency and the employer
has knowledge of, authorizes, or ratifies the employee's or agent's
conduct.
   (c) It is a defense to prosecution under this chapter and in any
civil action that may be instituted based on a violation of this
chapter that a person has taken reasonable, effective, and
appropriate actions in good faith to restrict or prevent the
transmission of, or access to, a communication specified in this
chapter.
312.7.  Nothing in this chapter shall be construed to apply to
interstate services or to any other activities or actions for which
states are prohibited from imposing liability pursuant to Paragraph
(4) of subsection (g) of Section 223 of Title 47 of the United States
Code.


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