Understanding Charges of Pandering of Obscenity

In many jurisdictions, pandering obscenity is defined as "creating, selling, or distributing visual or print media designed to appeal to a person's prurient interest." This is one of those definitions that become complex with interpretation. Although the charge is meant to inhibit pornography and acts of prostitution, in some instances courts have had to review cases where the charge has been levied against works of art or literature. One of the most celebrated obscenity cases in 19th century France was brought against author Gustave Flaubert for his novel Madame Bovery, a novel many considered obscene. Through the years, similar charges have been brought against publications. In 1977, Larry Flynt, publisher of Hustler Magazine, was convicted in Cincinnati for pandering obscene materials. However, that conviction was later overturned on appeal.

Since that time, Americans have become desensitized to images and publications that would have been labeled obscene a few decades ago. Still, the public is adamant in protecting its youth, and pandering to minors is still seen as egregious. Flynt discovered this when he was charged with pandering in 1999 (again in Cincinnati) for selling adult materials to a 14-year-old boy. Although part of Flynt's defense was that he had been set up by governmental bodies, he later pled guilty. Courts are very stringent about any type of pandering when minors are involved.

Pandering Obscenity Involving a Minor

As Larry Flynt found out, courts do not take pandering obscenity that involves a minor lightly. Whether selling pornography to a minor, or featuring minors in obscene materials, violators can expect to face felony charges. Even purchasing materials that feature minors in questionable poses can trigger a felony charge. In the technological age of internet porn, those who download obscene material featuring minors can also find themselves in legal hot water.

Affirmative Defense to Pandering Obscenity

In some jurisdictions, Ohio included, those charged with pandering obscenity can present an affirmative defense by showing that the material was disseminated for non-prurient, legitimate purposes. These bona fide purposes include medical, scientific, educational, religious, governmental or judicial.

In cases of material deemed "obscene," there is no First Amendment protection. Although a 1986 General Commission Report on Pornography stated that "not all pornography is obscene," the question of what is and is not obscene is one that individual courts have had to rule on, sometimes with contradictory results.

Penalties

Most state laws provide that those convicted of pandering obscenity must register as a sex offender for a number of years. If the conviction follows previous convictions for pandering, the registration may extend to a lifetime. Because many jurisdictions consider pandering a felony, those convicted will face more than a year's worth of jail time. In cases involving a minor, that jail time can be severe.

Hiring an Attorney

If you are facing charges of pandering obscenity, especially if the pandering involves minors, you need to consult a attorney as soon as possible. Even if  you think that you are innocent – such as in a case where a third party using your computer without your knowledge has downloaded porn – you may still need to defend yourself aggressively. Find an experienced attorney to ensure that your rights are protected in this situation.