Obscenity laws in the United States vary greatly from location to location. As per most areas, obscenity refers to explicit sexual acts that are publicly visible and accessible and are offensive. In general art is not considered under obscenity laws unless it is classed as pornography. Three issues must be tested to prove obscenity and they include 1) would the average person consider the work to be offensive using community standards 2) is the work explicitly sexual in nature as defined by the laws of the area and 3) is there no scientific, artistic or literary value to the work other than explicit sexual intent.
Obscenity Penalties
Obscenity charges are not common but they do occur and are typically misdemeanor charges unless the material was provided to a minor child or included a minor child. Typically judges will impose significant fines and order counseling or classes for the individual that is charged.
Possible Penalties
- Fines
- Jail time
- Forfeiture of property
- Community service
- Counseling
Obscenity Sentencing
While not a common charge, Obscenity cases are taken very seriously by most courts. A judge will typically take into consideration the three parts of the Miller test plus any local obscenity laws, then enter into the sentencing if guilt is determined. First offenses are treated more typically with fines, although they can be substantial even on a first charge. With repeated offenses the judge will impose harsher sentences and may require community service, counseling or even jail time.
Obscenity Charges And Legal Help
As with any charge of this nature conviction can result in stigma within a community, loss of employment and even restriction from specific careers. Fighting obscenity charges is essential, and only a qualified, experienced criminal defense attorney can provide the legal knowledge and background to get the charges dismissed or get you the lowest possible sentence.
- If you have been charged with obscenity, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
