18 U.S.C. Sec. 1470 TRANSFER OF OBSCENE MATERIAL TO A MINOR is an act that prohibits any person from knowingly transferring obscene material to a minor. The act defines obscene material as any communication, picture, image, or writing that, when taken as a whole, appeals to the prurient interest in sex, depicts or describes nudity or sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. The act provides two different types of punishment for violations: 1. A fine, imprisonment for up to 10 years, or both, if the offender transfers obscene material with intent to seduce the minor. 2. A fine, imprisonment for up to 5 years, or both, if the offender transfers obscene material with no intent to seduce the minor.
18 U.S.C. Sec. 1470 TRANSFER OF OBSCENE MATERIAL TO A MINOR
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Obscenity Law and Minors Federal law strictly prohibits the distribution of obscene matter to minors. Any transfer or attempt to transfer such material to a minor under the age of 16, including over the Internet, is punishable under federal law.
Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.
§1466A. Obscene visual representations of the sexual abuse of children. (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.
It shows or describes sexual conduct in an obviously offensive way. A reasonable person would conclude that it lacks serious literary, artistic, political or scientific value, and.
Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or.
Obscenity refers to a narrow category of ography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most ography ? material of a sexual nature that arouses many readers and viewers ? receives constitutional protection.
Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment.
The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.