However, the Ninth Circuit concluded that California Penal Code § 311.11(a) is broader than the federal statute because of the California statute’s expansive definition of “sexual conduct.” As dictated by § 311.11(a), California criminal law defines “sexual conduct” to include “any lewd or lascivious sexual act as defined in Section 288” of the California Penal Code. Section 288, in turn, is itself very broad, including sexually explicit conduct that is not punished by the federal statutes.The federal definition of sexually explicit conduct includes only five types of conduct: (i) sexual intercourse, (ii) bestiality, (iii) masturbation, (iv) sadistic or masochistic abuse, and (v) lascivious exhibition of the genitals or pubic area.