SECTIONS 3504-3508.2

3504.  As used in this title: (a) "Animal" means any amphibian, bird, mammal or reptile. It doesnot include any fish or insect. (b) "Motion picture" means any motion picture, regardless oflength or content, which is exhibited in a motion picture theater topaying customers, or is exhibited on television to paying customersor under the sponsorship of a paying advertiser. It shall not includemotion pictures made for scientific, research, or educationalpurposes, or motion pictures exhibited as home movies, or amateurfilms, which are shown free or at cost to friends, neighbors or civicgroups. (c) "Person" means individuals, corporations, associations,partnerships, limited liability companies, trustees, lessees, agentsand assignees.3505.  (a) The exhibition of any motion picture, if any intentionalkilling of, or cruelty to, a human being or an animal is shown in themotion picture and such intentional killing of, or cruelty to, ahuman being or an animal actually occurred in the production of themotion picture for the purpose of such production, is a nuisance,which shall be enjoined, abated, and prevented. (b) As used in this section, "killing" and "cruelty" mean conductwhich both (1) results in the death or the infliction of any physicalinjury or wound, including, but not limited to, any temporary orpermanent physical harm resulting from the administration of any drugor chemical, and (2) is patently offensive to the average person,applying contemporary statewide community standards. It does notinclude conduct committed against a human being to which the humanbeing has given his or her consent. In determining whether conduct ispatently offensive, the trier of fact may consider any or all of thefollowing: (i) the degree or extent of the physical injuryinflicted, (ii) the manner in which the injury is inflicted, (iii)the extent to which the injuring or wounding or acts resultingtherein are depicted on the screen, (iv) the number of instances ofinfliction of injury, wound or harm occurring in the making of themotion picture, and (v) whether such conduct is lawful or unlawfulunder any provision of law other than this title. (c) For the purposes of this section, it shall not be arequirement that the entire motion picture and all of the conductresulting therein be taken into account in determining whether anuisance exists, and to this end, the Legislature finds and declaresthat any specific conduct which intentionally results in the killingof, or cruelty to, an animal or a human being in the making of amotion picture is unnecessary and is a nuisance, and that if a motionpicture cannot be completed in the absence of such conduct, it is,therefore, a nuisance in its entirety.3506.  Whenever there is reasonable cause to believe that a nuisanceas defined in this title is kept, maintained or is in existence inany county, the district attorney or the Attorney General, in thename of the people of the State of California, shall, on a propershowing, commence an action in equity to abate and prevent thenuisance and to perpetually enjoin the person conducting ormaintaining it, and the owner, lessee or agent of the building, orplace, in or upon which the nuisance exists, from maintaining orpermitting it. As used herein, a proper showing to commence an actionunder this title must be based upon evidence independent of themotion picture itself that intentional killing of, or cruelty to, ahuman being or an animal actually occurred in the production of themotion picture for the purpose of such production.3507.  Whenever an action is initiated under this title to abate analleged nuisance, an adversary trial on the merits shall be heldpursuant to Section 3507.2. If the court finds that the exhibition ofthe particular motion picture constitutes a nuisance, it shall issuea permanent injunction to abate and prevent the continuance orrecurrence of such nuisance. No temporary restraining order orpreliminary injunction shall be granted in such an action. An appealmay be taken from an order issuing a permanent injunction, and anyinjunction issued pursuant to this title by the trial court may bestayed by such court pending the outcome of such appeal. No appealmay be taken from a ruling by the trial court denying an injunctionrequested under this title.3507.1.  In actions brought under this title, the motion pictureshall be admissible into evidence. The burden of proof that theexhibition of the particular motion picture constitutes a nuisanceshall be met by the district attorney or Attorney General only whenclear and convincing evidence, independent of the motion pictureitself, is provided that the acts alleged actually occurred in theproduction of the motion picture.3507.2.  Actions brought under this title shall be brought aspromptly as possible. Such actions shall have precedence over allactions, excepting criminal proceedings and election contests. It isalso the intent of the Legislature that actions commenced under thistitle be adjudicated in the most speedy and expeditious manner.3507.3.  Any violation or disobedience of an injunction or orderexpressly provided for by this title is punishable as a contempt ofcourt by a fine of not less than two hundred dollars ($200) nor morethan one thousand dollars ($1,000).3507.4.  The distributor who furnished a motion picture to a personwho is made a defendant in an action under this title, and theproducer of a motion picture which is the subject of this title shallbe jointly and severally liable, upon proof and after an opportunityto appear and interpose any appropriate defenses, to such person andthe exhibitor for damages, including loss of profits, attorney'sfees, and other costs of defending such action. Such distributor andsuch producer shall actively assist in such defense to the extentthat such person possesses information necessary to such defenseconcerning the production of the motion picture which is nototherwise available to the defendant. The exhibitor shall not beliable upon any portion of any contract made on or after January 1,1979, which requires the exhibition or advertisement of a motionpicture subject to this title on or after the date of the filing ofany action under this title, if the motion picture by final decisionof a court is determined to be a nuisance under this title.3508.  (a) This title shall not apply to any of the following: (1) The exhibition of any motion picture, such as a newsreel ordocumentary, involving acts of killing or cruelty which were notintentionally committed for the purpose of producing the motionpicture. (2) Any motion picture made, in whole or in part, prior to January1, 1979. (3) Any motion picture all or part of which has been edited orremade so that any previous conduct which constituted a nuisanceunder this title no longer appears. (4) The taking of any animal as permitted by any provision of theFish and Game Code or pursuant thereto in accordance with regulationsadopted by the Fish and Game Commission unless the time, place, ormanner of such taking violates any provision of law except thistitle. This title shall apply to any other animal whether or not thetime, place, or manner of the taking is prohibited by any laws otherthan this title, however, this title shall not apply to the taking ofany animal authorized by law in any other jurisdiction unless thetime, place or manner of such taking is prohibited by law orregulation. (5) A motion picture which includes scenes of killing or crueltyto animals if the acts constituting the killing or cruelty wereauthorized by the laws governing such acts in the jurisdiction wherethe scenes were filmed. (6) Any motion picture which bears within its contents a statementfrom the producer of the motion picture that all scenes depictinganimals were filmed without the intentional killing of, or cruelty toan animal or that any killing or cruelty to an animal was authorizedby the laws of the jurisdiction where the scenes were filmed or thatthe film is otherwise exempt under this title. (7) Any motion picture if the exhibitor thereof has a writtensigned statement, or a copy thereof, from the producer of the motionpicture that all scenes depicting animals were filmed without theintentional killing of, or cruelty to an animal or that any killingor cruelty to an animal was authorized by the laws of thejurisdiction where the scenes were filmed or that the film isotherwise exempt under this title. (b) This title shall not apply in any case in which it wouldconflict with federal supremacy in the field of televisionbroadcasting.3508.1.  Any producer who willfully misstates or causes to bemisstated any fact contained in a statement under paragraph (6) or(7) of Section 3508 is guilty of a misdemeanor.3508.2.  If any provision of this title or the application thereofto any person or circumstances is held invalid, such invalidity shallnot affect other provisions or applications of this title which canbe given effect without the invalid provision or application, and tothis end the provisions of this title are severable.