In re Kimbler

This petition for a writ of habeas corpus involves the constitutionality of the provisions exempting nonmanagerial employees without financial interest in their place of employment from criminal liability for exhibition of obscene matter (Pen. Code, § 311.2, *456 subds. (c) and (d).) 1 Petitioner contends that section 311.2, as applied, impermissibly discriminates against other nonmanagerial employees, such as bookstore clerks with no financial interest in the bookstore, who distribute such obscene matter, thereby denying them equal protection of the law. We disagree.

Section 311.2 provides in pertinent part: “(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is guilty of a misdemeanor.

“(c) The provisions of this section with respect to the exhibition of, or the possession with intent to exhibit, any obscene matter shall not apply to a motion picture operator or projectionist who is employed…