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OBSCENE
Any material or
performance is "obscene" if, (A) taken as a whole, it predominantly
appeals to the prurient interest, (B) it depicts or describes in a
patently offensive way a prohibited sexual act, and (C) taken as a
whole, it lacks serious literary, artistic, educational, political or
scientific value. Predominant appeal shall be judged with reference to
ordinary adults unless it appears from the character of the material or
performance or the circumstances of its dissemination to be designed for
some other specially susceptible audience. Whether a material or
performance is obscene shall be judged by ordinary adults applying
contemporary community standards. In applying contemporary community
standards, the state of Connecticut is deemed to be the community.
Source:
General Statutes § 53a-193 (1) (applies to Part XX: Obscenity and
Related Offenses, §§ 53a-194 -- 53a-210).
Commentary:
This definition encompasses the three-prong test established by
Miller v. California, 413 U.S. 15, 24, 93 S.Ct. 2607, 37 L.Ed.2d 419
(1973); see State v. Cimino, 33 Conn. Sup. 680 (App. Sess.),
cert. denied, 111 Conn. 747 (1976); State v. Magee, 32 Conn. Sup.
639 (App. Sess. 1975).
Glossary
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