Evidence; admissibility of creative or artistic expression evidence at trial; provide
What changed between versions
The burden of proof for admitting creative or artistic expression evidence was lowered from 'clear and convincing evidence' to 'preponderance of evidence', making it easier for prosecutors to overcome the presumption of inadmissibility.
One of the four conditions required to admit creative or artistic expression evidence was removed, reducing the number of hurdles prosecutors must clear to introduce such evidence.
The requirement that a defendant must 'intend to adopt' the meaning of a work was changed to simply that the defendant 'adopted' the meaning, making the standard less stringent.
The definition of excluded content was expanded to specifically include 'hand signs used to indicate membership in a criminal street gang' alongside tattoos, closing a potential loophole.