Does the actor's mental state have to be considered a factor in determining if a scene is disturbing?
California, United States of America
The following excerpt is from People v. Phillips, 10 Cal. Daily Op. Serv. 12, 873, 116 Cal.Rptr.3d 401, 188 Cal.App.4th 1383 (Cal. App. 2011):
11 "[T]he actor's mental state is disregarded in evaluating whether the element of objectively disturbing conduct has been met." ( People v. Lopez, supra, 19 Cal.4th at p. 291, 79 Cal.Rptr.2d 195, 965 P.2d 713.)
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