Massachusetts Jury Instruction - Mailing Obscene Material
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Offensive, rude, or shocking, usually because of being too obviously related to sex or showing sex: In the raid, police found several boxes of obscene DVDs. He was jailed for making obscene phone calls (= ones in which unwanted sexual suggestions were made to the listener). obscene language/graffiti. Synonyms.
Hear this out loud PauseFor content to be ruled. obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to. an average person's prurient interest; depict or describe sexual conduct in a ?patently offensive? way; and, taken as a whole, lack serious literary, artistic, political or scientific value.
Hear this out loud PauseSection 29 of chapter 272 of our General Laws provides as follows: ?Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with intent to disseminate [it], shall be punished . . . .?
Hear this out loud Pause(2) that the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
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.
An example of obscene material would be hard-core ography. Indecent content is that which shows or describes sexual or excretory matters, such as sexual organs, in a way that isn't severe enough to meet all three of the points for obscenity.
Hear this out loud PauseCalifornia Obscenity Charges and Penalties Examples of obscene matter include ography videos, pictures, or billboards. Possession of obscene matter can include but is not limited film, filmstrip, photograph, negative, slide, photocopy, videotape, computer hardware, computer software, data storage media.
Obscenity, legal concept used to characterize certain (particularly sexual) material as offensive to the public sense of decency. A wholly satisfactory definition of obscenity is elusive, however, largely because what is considered obscene is often, like beauty, in the eye of the beholder.