California, United States of America
The following excerpt is from People v. Young, 143 Cal.Rptr. 604, 77 Cal.App.3d Supp. 10 (Cal. Super. 1977):
First. The trial court erred in failing to instruct sua sponte that section 311.2 of the Penal Code is a crime requiring proof of specific intent. No case is cited in support of this contention. The trial court instructed the jury on general intent. We are satisfied that it was error for the court to fail to instruct on specific intent. A crime is deemed to be one involving specific intent where the definition consists of the description of a particular act and refers to the intent to do some further act (People v. Hood (1969) 1 Cal.3d 444, 456-457, 82 Cal.Rptr. 618, 462 P.2d 370). Section 311.2 describes a particular act possession, preparation, publication, or printing any obscene matter with intent to distribute or exhibit to others. The mere act of possessing, preparation, publication, or printing is insufficient to prove the crime without evidence of an intent to do a further act distribution or exhibition.
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