South Carolina TRANSFERRING OBSCENE MATERIAL TO MINORS

State:
South Carolina
Control #:
SC-FEDDC-JURY-18-1470-CR
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

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FAQ

What is Considered Dissemination. For purposes of this law, disseminate means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display.

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.

Section 1470 of Title 18, United States Code, prohibits any individual from knowingly transferring or attempting to transfer obscene matter using the U.S. mail or any means or facility of interstate or foreign commerce to a minor under 16 years of age. Convicted offenders face fines and imprisonment for up to 10 years.

? A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he allows a minor to view a live performance that is harmful to minors.

It means that a person has unlawfully offered, sold, displayed, or given ographic or obscene material, such as books, videos, messages, photos, etc., to someone under age 18.

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.

It's crucial to understand that South Carolina does not honor Romeo and Juliet laws. This means that any individual 16 or older who engages in sexual relations with a minor (any individual under 16) can be charged with statutory rape regardless of age difference or whether the act was consensual.

A person is guilty of disseminating obscene matter to a minor if he knowingly distributes, or exhibits or offers to distribute or exhibit to a minor, any obscene matter declared obscene, in an action to which he was a party, pursuant to subsection 3.

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South Carolina TRANSFERRING OBSCENE MATERIAL TO MINORS