Explicit or profane material is any video, audio, or written communication that depicts sexual acts. Not all such depictions are considered obscene. A three-step test determines if something is profane. The analysis assesses whether the material appeals to romantic interests and offensively depicts sexual activity.
The First Amendment provides the right to free speech, but there are restrictions on what we can say publicly. The Federal Obscenity Act makes it a crime to purchase, sell, manufacture, or produce obscene material for minors.
What is considered explicit content?
Various visual, spoken, or written materials may be considered offensive or obscene. Professional ND criminal lawyers explain that it may include books, magazines, newspapers, comics, drawings, photographs, films, videos, or sound recordings. Courts use three approaches to determine whether a depiction is obscene.
Also known as the Miller test (named after the Court case of Miller v. California (1973)), this approach evaluates materials based on the following:
• Appeal to desire
The question here is whether, by today’s social standards, the average person believes the depiction satisfies an unhealthy, abnormal, or morbid interest in sex.
• Offensive language
Material is objectionable if it contains depictions of sexual acts objectionable by current standards.
• Missing values
This depiction has no literary, artistic, political, or scientific significance.
Under federal law, it is considered illegal to do the following with obscene material:
- sell
- ship
- Transportation facilities
- Distribution
- Produced for distribution or sale
- Engage in any business that sells or transmits obscene material
Those found guilty of selling, buying, or distributing obscene materials face severe penalties, including imprisonment and fines.
Federal Obscenity Laws and Minors
Sending or attempting to send obscene material to a minor under 16 years is a criminal offense under federal law. In addition, it is illegal to broadcast or attempt to transmit obscene material over the Internet to minors. Using a deceptive website domain name to induce minors to view obscene or harmful content is also a federal crime. For example, it is a federal crime to direct children to obscene content by using the name of a popular children’s toy in a website address.
Penalties for Minor Exposure to obscene materials
Potential penalties under federal law include:
- Transmission of obscene material to minors
• up to 10 years imprisonment
• Fines
- Use of misleading domain names
• up to 10 years imprisonment
• Fines
- Use of misleading words or images
• Up to 20 years imprisonment
• Fines
Internet porn charges
Distributing obscenities is usually a misdemeanor. However, if someone sends obscene materials over the web, federal Internet porn charges may apply. If the material contains children, prosecutors face serious charges of child pornography. Even a mere allegation of obscenity is devastating to a defendant’s reputation. Child pornography crimes are one of the most notorious crimes. Internet porn convictions can harm the defendant’s life for a considerable period.
Final words Has your child or anyone in the acquaintances been through a situation like this recently? Do not back down. Instead, report the incident and protect your child’s innocence. Contact an ND criminal lawyer. Unreported numbers bolster the confidence of criminals.
