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Criminal Jury Instructions  

Criminal Jury Instructions



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). 




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