California Penal Code 313.2 – (a) Nothing in this chapter shall prohibit any parent or …
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(a) Nothing in this chapter shall prohibit any parent or guardian from distributing any harmful matter to his child or ward or permitting his child or ward to attend an exhibition of any harmful matter if the child or ward is accompanied by him.
(b) Nothing in this chapter shall prohibit any person from exhibiting any harmful matter to any of the following:
Terms Used In California Penal Code 313.2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Harmful matter: means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. See California Penal Code 313
- Matter: means any book, magazine, newspaper, video recording, 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. See California Penal Code 313
- Minor: means any natural person under 18 years of age. See California Penal Code 313
- Person: means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. See California Penal Code 313
(1) A minor who is accompanied by his parent or guardian.
(2) A minor who is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor.
(Amended by Stats. 1970, Ch. 257.)