July 29, 2010

Obscenity Offenses

The First Amendment of the US Constitution gives citizens freedom of speech rights. This means people can start conversations freely through many forms, including crafting, snap shots, film, art and web sites. Even pornography, displaying erotic behavior in pictures and video, is protected by the First Amendment. However, there are rules.The First Amendment doesn’t guard child pornography or obscenity. They’re prohibited. Child pornography is the criminal offense of using children in a sexually explicit way. Minors are those under age 18. Even if minors aren’t used, obscenity can make pornography a criminal act. It can be hard to tell what’s obscene.

What Is Obscene?

Whether anything is obscene or not may vary depending on who views it. What is obscene changes with the customs and the the occasion. The US Supreme Court created a three-part test to help determine what is illegally obscene. The test asks:

If average person, applying today’s community standards, would find that the work, as a whole, appeals to the prurient or sexual interest
If the work shows or describes, in a clearly offensive way, sexual conduct, as defined by state law where the materials are located
If the work, taken as a whole, lacks serious literary, artistic, political or scientific value

The test depends on community benchmarks. Since state and city communities fluctuate, what’s obscene to courts and juries can vary. Most states have state-wide laws opposed to obscenity. States that don’t have these laws include:

Alaska
Maine
New Mexico
Vermont
West Virginia

Obscenity Law Purpose

Society chose to make obscenity illegal and an exemption to free speech. The states’ concern is for corrupting communities’ moral standards. Having a decent society is the public’s right. Obscenity laws help do this by reducing materials that can degrade sexual relationships and cause anti-social behavior.

The main argument against these laws is obscenity may differ by person. Some say its personal preference without real injury. Lacking exact definition, people don’t know what’s criminal.

What Are Obscenity Crime Types?

A variety of crimes involve obscene materials. Crime types vary by state. Making obscene portraits or dvds isn’t a crime unless it involves children. Some common crimes involving obscene materials include:

Possessing and intending to sell it
Mailing it
Transporting it
Broadcasting it
Being in business to sell or transfer it
Transferring it to minors

A newer crime type is transporting obscene material via the internet. Obscenity can be accessed anywhere. Those under 18 see it on the internet. The Children’s Internet Protection Act (CIPA) requires schools or libraries receiving federal funds for internet access to have safety standards protecting children.

For help with a criminal defense Augusta GA, find an Augusta GA criminal defense attorney.