Article 41 – Inmate Mail
54010.15 Obscene Material
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Inmates shall not possess or have under their control, obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained.
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Obscene material means catalogs, advertisements, brochures, and/or material taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest. It is material which taken as a whole, depicts or describes sexual conduct, and when taken as a whole, lacks serious literary, artistic, political, or scientific value.
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Additionally, material is considered obscene when it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it appeals to deviant sexual groups.
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Material subject to the test of the above includes, but is not limited to:
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Portrays sexually explicit materials, which are defined as materials that show frontal nudity including personal photographs, drawings, and magazines and pictorials that show frontal nudity.
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Portrays, displays, describes, or represents penetration of the vagina or anus, or contact between the mouth and genitals.
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Portrays, displays, describes, or represents bestiality, sadomasochism, or an excretory function, including urination, defecation, or semen.
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Portrays, displays, describes, or represents the nudity of a minor or person who appears to be under 18 years old.
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Portrays, displays, describes, or represents conduct that appears to be non-consensual behavior.
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Portrays, displays, describes, or represents conduct that appears to be forceful, threatening, or violent.
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Portrays, displays, describes, or represents conduct where one of the participants is a minor, or appears to be under 18 years old.
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