NuisanceMotion Pictures

Section § 3504

Explanation

This section defines some key terms used in a specific legal title. "Animal" includes birds, mammals, amphibians, and reptiles but not fish or insects. A "motion picture" refers to films shown in theatres or on television for profit, excluding those for educational or scientific purposes or home movies shown for free. Lastly, "person" encompasses a wide range of entities like individuals, businesses, and groups.

As used in this title:
(a)CA Civil Law Code § 3504(a) “Animal” means any amphibian, bird, mammal or reptile. It does not include any fish or insect.
(b)CA Civil Law Code § 3504(b) “Motion picture” means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. It shall not include motion pictures made for scientific, research, or educational purposes, or motion pictures exhibited as home movies, or amateur films, which are shown free or at cost to friends, neighbors or civic groups.
(c)CA Civil Law Code § 3504(c) “Person” means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
amphibian bird mammal ...

Section § 3505

Explanation

This law states that showing a movie where animals or humans were intentionally killed or treated cruelly during its production is considered a public nuisance. Such movies can be legally stopped and prevented from being shown. The terms 'killing' and 'cruelty' refer to acts that cause severe injuries or death and are extremely offensive by current social standards, except when a person consented to the act. When figuring out if something's offensive, the law considers things like how bad the injury is and how it's shown in the movie. Even if only part of the movie includes such acts, the whole movie can be blocked from being shown because these actions are unnecessary and harmful.

(a)CA Civil Law Code § 3505(a) The exhibition of any motion picture, if any intentional killing of, or cruelty to, a human being or an animal is shown in the motion picture and such intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production, is a nuisance, which shall be enjoined, abated, and prevented.
(b)CA Civil Law Code § 3505(b) As used in this section, “killing” and “cruelty” mean conduct which both (1) results in the death or the infliction of any physical injury or wound, including, but not limited to, any temporary or permanent physical harm resulting from the administration of any drug or chemical, and (2) is patently offensive to the average person, applying contemporary statewide community standards. It does not include conduct committed against a human being to which the human being has given his or her consent. In determining whether conduct is patently offensive, the trier of fact may consider any or all of the following: (i) the degree or extent of the physical injury inflicted, (ii) the manner in which the injury is inflicted, (iii) the extent to which the injuring or wounding or acts resulting therein are depicted on the screen, (iv) the number of instances of infliction of injury, wound or harm occurring in the making of the motion picture, and (v) whether such conduct is lawful or unlawful under any provision of law other than this title.
(c)CA Civil Law Code § 3505(c) For the purposes of this section, it shall not be a requirement that the entire motion picture and all of the conduct resulting therein be taken into account in determining whether a nuisance exists, and to this end, the Legislature finds and declares that any specific conduct which intentionally results in the killing of, or cruelty to, an animal or a human being in the making of a motion picture is unnecessary and is a nuisance, and that if a motion picture cannot be completed in the absence of such conduct, it is, therefore, a nuisance in its entirety.
motion picture cruelty intentional killing animal cruelty in films ...

Section § 3506

Explanation

This law states that if there is a reasonable belief that a nuisance is being maintained, such as cruelty or harm to people or animals during the making of a motion picture, the district attorney or Attorney General must take legal action to stop it. They can prevent those responsible for the nuisance, including property owners or managers, from continuing it. To begin legal action, there must be evidence of wrongdoing outside just the content of the film itself.

Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county, the district attorney or the Attorney General, in the name of the people of the State of California, shall, on a proper showing, commence an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from maintaining or permitting it. As used herein, a proper showing to commence an action under this title must be based upon evidence independent of the motion picture itself that intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production.
nuisance district attorney Attorney General ...

Section § 3507

Explanation

If a lawsuit is started to stop something that's claimed to be a nuisance, like showing a certain movie, there has to be a full trial. If the court decides the movie is indeed a nuisance, it will order a permanent stop to its showing. However, the court can't issue any temporary orders to stop the movie while the trial is happening. You can appeal a permanent stop order, and the court might pause the order while you appeal. But, if the court decides not to stop the movie, you can't appeal that decision.

Whenever an action is initiated under this title to abate an alleged nuisance, an adversary trial on the merits shall be held pursuant to Section 3507.2. If the court finds that the exhibition of the particular motion picture constitutes a nuisance, it shall issue a permanent injunction to abate and prevent the continuance or recurrence of such nuisance. No temporary restraining order or preliminary injunction shall be granted in such an action. An appeal may be taken from an order issuing a permanent injunction, and any injunction issued pursuant to this title by the trial court may be stayed by such court pending the outcome of such appeal. No appeal may be taken from a ruling by the trial court denying an injunction requested under this title.
nuisance abatement permanent injunction temporary restraining order ...

Section § 3507.1

Explanation

If someone wants to prove that showing a specific movie is a nuisance, the district attorney or Attorney General must provide strong, clear evidence beyond just the movie itself. They need to show that the alleged actions really happened during the film's production.

In actions brought under this title, the motion picture shall be admissible into evidence. The burden of proof that the exhibition of the particular motion picture constitutes a nuisance shall be met by the district attorney or Attorney General only when clear and convincing evidence, independent of the motion picture itself, is provided that the acts alleged actually occurred in the production of the motion picture.
motion picture evidence nuisance ...

Section § 3507.2

Explanation
This law requires that certain legal actions must be started and resolved as quickly as possible. These actions should generally be prioritized over other types of cases, except for criminal cases and election-related disputes.
Actions brought under this title shall be brought as promptly as possible. Such actions shall have precedence over all actions, excepting criminal proceedings and election contests. It is also the intent of the Legislature that actions commenced under this title be adjudicated in the most speedy and expeditious manner.
expedited legal actions priority over civil cases prompt proceedings ...

Section § 3507.3

Explanation

If someone breaks a specific court order or injunction related to this law, they can be punished by paying a fine between $200 and $1,000 for contempt of court.

Any violation or disobedience of an injunction or order expressly provided for by this title is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000).
injunction violation disobedience of order contempt of court ...

Section § 3507.4

Explanation

If a motion picture distributor and producer are involved in a lawsuit about a film, they are both responsible for any damages and legal costs if proven liable. They must also help provide any needed information for the defense. Additionally, exhibitors don't have to honor contracts requiring them to show or advertise a film if it's legally declared a nuisance after a lawsuit is filed.

The distributor who furnished a motion picture to a person who is made a defendant in an action under this title, and the producer of a motion picture which is the subject of this title shall be jointly and severally liable, upon proof and after an opportunity to appear and interpose any appropriate defenses, to such person and the exhibitor for damages, including loss of profits, attorney’s fees, and other costs of defending such action. Such distributor and such producer shall actively assist in such defense to the extent that such person possesses information necessary to such defense concerning the production of the motion picture which is not otherwise available to the defendant. The exhibitor shall not be liable upon any portion of any contract made on or after January 1, 1979, which requires the exhibition or advertisement of a motion picture subject to this title on or after the date of the filing of any action under this title, if the motion picture by final decision of a court is determined to be a nuisance under this title.
motion picture distributor producer liability jointly and severally liable ...

Section § 3508

Explanation

This law outlines exceptions where specific rules related to movie content, particularly involving animal cruelty or killing, do not apply. The exceptions include documentaries or films not made with the intent of harming animals, films made before 1979, edited films to remove offensive content, activities authorized by Fish and Game laws, scenes filmed legally in other jurisdictions, and movies with verified statements that no intentional cruelty occurred. Additionally, if following this law conflicts with federal television broadcasting rules, the law doesn't apply.

(a)CA Civil Law Code § 3508(a) This title shall not apply to any of the following:
(1)CA Civil Law Code § 3508(a)(1) The exhibition of any motion picture, such as a newsreel or documentary, involving acts of killing or cruelty which were not intentionally committed for the purpose of producing the motion picture.
(2)CA Civil Law Code § 3508(a)(2) Any motion picture made, in whole or in part, prior to January 1, 1979.
(3)CA Civil Law Code § 3508(a)(3) Any motion picture all or part of which has been edited or remade so that any previous conduct which constituted a nuisance under this title no longer appears.
(4)CA Civil Law Code § 3508(a)(4) The taking of any animal as permitted by any provision of the Fish and Game Code or pursuant thereto in accordance with regulations adopted by the Fish and Game Commission unless the time, place, or manner of such taking violates any provision of law except this title. This title shall apply to any other animal whether or not the time, place, or manner of the taking is prohibited by any laws other than this title, however, this title shall not apply to the taking of any animal authorized by law in any other jurisdiction unless the time, place or manner of such taking is prohibited by law or regulation.
(5)CA Civil Law Code § 3508(a)(5) A motion picture which includes scenes of killing or cruelty to animals if the acts constituting the killing or cruelty were authorized by the laws governing such acts in the jurisdiction where the scenes were filmed.
(6)CA Civil Law Code § 3508(a)(6) Any motion picture which bears within its contents a statement from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title.
(7)CA Civil Law Code § 3508(a)(7) Any motion picture if the exhibitor thereof has a written signed statement, or a copy thereof, from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title.
(b)CA Civil Law Code § 3508(b) This title shall not apply in any case in which it would conflict with federal supremacy in the field of television broadcasting.
animal cruelty exemptions motion picture exceptions film editing to remove cruelty ...

Section § 3508.1

Explanation

If a producer intentionally lies or makes someone else lie about information in certain statements required by an earlier section, they are committing a misdemeanor, which is a type of crime.

Any producer who willfully misstates or causes to be misstated any fact contained in a statement under paragraph (6) or (7) of Section 3508 is guilty of a misdemeanor.
producer misstatement willfully ...

Section § 3508.2

Explanation

This law says that if any part of this title is found to be invalid or doesn't apply to a person or situation, it doesn't affect the rest of the title. Basically, the rest of the law still stands and works even if one part fails. The sections of this title are designed to operate independently.

If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
severability invalid provision independent sections ...