Court of Appeals of California
250 Cal. App. 2d 501 (1967)
Marvin Samuels (defendant) made several sadomasochistic films depicting individuals being whipped. Samuels sent one of his films to the Eastman Kodak Company (Kodak) for processing, and Kodak turned the film over to the police. Pursuant to the California Penal Code § 245, Samuels was charged with assault by means of force likely to cause bodily injury, among other crimes. One of the films was admitted into evidence and depicted a naked man who was strung up and whipped by Samuels. Samuels testified that the man had responded by telephone to Samuels’s request for volunteers for sadomasochistic films. Samuels also testified that the force of the whippings was faked and that cosmetics were used to simulate the lash marks. However, three qualified film experts testified that an examination of the film indicated that the man’s injuries progressively developed, that there were no splices in the film, and therefore, that the camera was never stopped to apply cosmetics. In addition, the film experts concluded that no retouching was done and that the film was an accurate depiction of what was actually happening. Samuels was found guilty by jury of aggravated and simple assault. Samuels appealed, arguing that the prosecution had failed to prove the crime of aggravated assault and that the man’s consent was an absolute defense to the charge, such that the trial court’s instruction that consent was not a defense was in error.
Rule of Law
Holding and Reasoning (Shoemaker, J.)
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