Bronx New York Jury Instruction - Interstate Transportation Of Obscene Material - By Common Carrier
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FAQ
Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment.
Obscene material can include written words, visual depictions, or spoken words. The definition of obscenity is anything that fits the definition upheld by the Supreme Court in Miller vs. California. If you are facing federal obscenity charges, hiring an experienced lawyer is essential.
DISSEMINATING OBSCENE MATTER; POSSESSING OBSCENE MATTER TO DISSEMINATE. The defendant is charged with (disseminating obscene matter) (possessing obscene matter with the intent to disseminate it).
According to the ruling, which is based on the average person, applying contemporary adult community standards, any matter that lacks serious literary, artistic, political, or scientific value and taken as a whole, appeals to prurient interests is obscene, and thus not protected by the First Amendment.
Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment.
Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography 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.
A person commits the offense of disseminating. harmful material to minors if, with or without consideration and knowing the character or. content of the material, he: (1) Sells, furnishes, presents, or distributes to a minor material that is harmful to. minors; or.
Copy. Obscene material means that which the average person, applying community standards, finds as a whole to appeal to a minor's prurient interest in sex, and depicts or describes in an offensive way sexual conduct or sexual acts, and which lacks serious literary, artistic, political or scientific value. Sample 1.