HomeMy WebLinkAboutCC RES 77-091RfSOLUTION M0. 77-91
��so�url Jf ?HE CITY COUMCiI Of TNE LIT� OF
PALN DESERY; CALIFORNIA, URGING THE AATE LE6IS-
LA?1lRE TO MEND PENAL COOE �l1 RELATING TO TNE
OfFINITION Of OdSCENE M11TER AL.
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IHERfAS. the Unitad States Suprene Court. in the case ut Miller v.
Glif,o.rnia� 413 U. S. 15 (1973�, has re�oved the requtre�nent that materiat
be 'utterlr Mlthout radeeNing sxial i�npo�tance` in order to obtain a convlction
for �iol+tlon ot obscenity statues; �nA
NIEREAS. Pen�l Code g311 has not been amerMed to take advantage of
this rei�x�tion of deflnition requlranents since the date of the Mi11er decision;
IMEREAS. 1t is extreTely difficult to prove beyond all reasonable
doubt that eny �eterlal 1s "utterly Mithout redee�ning sx ial importance,"
resulting in a rt�tual free hanE for pornographers to distribute obsce�e
n�ateriais throughout the State of California:
tiOM, THEREFORE. in consideration of the foregoing, the City Council
of the City of Pal�n Desert does hereby RESOLVE and OROER as folloxs:
Section 1: That the State Legislature is hereby urged to amend
Pen�l Code �311 by rdnorlrt9 thc requi�ement that matter be "utterly Mlthout
rededning social !^+aortance" as a necessary part of the definition of obscene
Section 2: That the City Clerk be and she is hereby instructed to
ause a copy of this resolution to be forwa�ded to the Citr Council of each
city in the State of California, to each membe� of the State Senate and State
Assd�ly, and to the League of California Cities.
PASSED, APPROVEO. and ADOPTED on this 25th day of Auaust .
1977. by the follaring vote. to wit:
McPherson. Neabrander, liilson b Mullins
CITY OF P11�M DESERT. CALIFORNIA
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