Topic: Citizen's Guide to U.S. Federal Law on Obscenity - tl;dr A Crock of 10 Mile Shit
Anonymous A started this discussion 14 years ago #22,936
http://www.justice.gov/criminal/ceos/citizensguide/citizensguide_obscenity.html
18 U.S.C. § 1460- Possession with intent to sell, and sale, of obscene matter on Federal property
long list for you to enjoy & one is is 18 U.S.C. § 2252B Misleading domain names on the Internet
So I wonder if the Resident Legal Expert can cite current cases where People have been locked Up other then CP?
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The U.S. Supreme Court established the test that judges and juries use to determine whether matter is obscene in three major cases: Miller v. California, 413 U.S. 15, 24-25 (1973); Smith v. United States, 431 U.S. 291, 300-02, 309 (1977); and Pope v. Illinois, 481 U.S. 497, 500-01 (1987). The three-pronged Miller test is as follows:
'''Whether the average person, applying contemporary adult community standards, finds that the matter, taken as a whole, appeals to prurient interests (i.e., an erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid interest in nudity, sex, or excretion);
Whether the average person, applying contemporary adult community standards, finds that the matter depicts or describes sexual conduct in a patently offensive way (i.e., ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, lewd exhibition of the genitals, or sado-masochistic sexual abuse); and
Whether a reasonable person finds that the matter, taken as a whole, lacks serious literary, artistic, political, or scientific value.'''
Any material that satisfies this three-pronged test may be found obscene.
Federal law prohibits the possession with intent to sell or distribute obscenity, to send, ship, or receive obscenity, to import obscenity, and to transport obscenity across state boarders for purposes of distribution. Although the law does not criminalize the private possession of obscene matter, the act of receiving such matter could violate the statutes prohibiting the use of the U.S. Mails, common carriers, or interactive computer services for the purpose of transportation (See 18 U.S.C. § 1460; 18 U.S.C. § 1461; 18 U.S.C. § 1462; 18 U.S.C. § 1463). Convicted offenders face fines and imprisonment. It is also illegal to aid or abet in the commission of these crimes, and individuals who commit such acts are also punishable under federal obscenity laws.
In addition, federal law prohibits both the production of obscene matter with intent to sell or distribute, and engaging in a business of selling or transferring obscene matter using or affecting means or facility of interstate or foreign commerce, including the use of interactive computer services. (See 18 U.S.C. § 1465; 18 U.S.C. § 1466). For example, it is illegal to sell and distribute obscene material on the Internet. Convicted offenders face fines and up to 5 years in prison.
Moreover, Sections 1464 and 1468 of Title 18, United States Code, specifically prohibit the broadcast or distribution of obscene matter by radio communication or by cable or subscription television respectively. Convicted offenders under these statutes face fines and up to 2 years in prison.
18 U.S.C. § 1460- Possession with intent to sell, and sale, of obscene matter on Federal property
long list for you to enjoy & one is is 18 U.S.C. § 2252B Misleading domain names on the Internet
So I wonder if the Resident Legal Expert can cite current cases where People have been locked Up other then CP?
...........................................↓...........................
The U.S. Supreme Court established the test that judges and juries use to determine whether matter is obscene in three major cases: Miller v. California, 413 U.S. 15, 24-25 (1973); Smith v. United States, 431 U.S. 291, 300-02, 309 (1977); and Pope v. Illinois, 481 U.S. 497, 500-01 (1987). The three-pronged Miller test is as follows:
'''Whether the average person, applying contemporary adult community standards, finds that the matter, taken as a whole, appeals to prurient interests (i.e., an erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid interest in nudity, sex, or excretion);
Whether the average person, applying contemporary adult community standards, finds that the matter depicts or describes sexual conduct in a patently offensive way (i.e., ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, lewd exhibition of the genitals, or sado-masochistic sexual abuse); and
Whether a reasonable person finds that the matter, taken as a whole, lacks serious literary, artistic, political, or scientific value.'''
Federal law prohibits the possession with intent to sell or distribute obscenity, to send, ship, or receive obscenity, to import obscenity, and to transport obscenity across state boarders for purposes of distribution. Although the law does not criminalize the private possession of obscene matter, the act of receiving such matter could violate the statutes prohibiting the use of the U.S. Mails, common carriers, or interactive computer services for the purpose of transportation (See 18 U.S.C. § 1460; 18 U.S.C. § 1461; 18 U.S.C. § 1462; 18 U.S.C. § 1463). Convicted offenders face fines and imprisonment. It is also illegal to aid or abet in the commission of these crimes, and individuals who commit such acts are also punishable under federal obscenity laws.
In addition, federal law prohibits both the production of obscene matter with intent to sell or distribute, and engaging in a business of selling or transferring obscene matter using or affecting means or facility of interstate or foreign commerce, including the use of interactive computer services. (See 18 U.S.C. § 1465; 18 U.S.C. § 1466). For example, it is illegal to sell and distribute obscene material on the Internet. Convicted offenders face fines and up to 5 years in prison.
Moreover, Sections 1464 and 1468 of Title 18, United States Code, specifically prohibit the broadcast or distribution of obscene matter by radio communication or by cable or subscription television respectively. Convicted offenders under these statutes face fines and up to 2 years in prison.
Anonymous B joined in and replied with this 14 years ago, 7 minutes later[^] [v] #359,356
> another syntax post with lots of copypasta
Anonymous A (OP) replied with this 14 years ago, 7 minutes later, 14 minutes after the original post[^] [v] #359,361
@previous (B)I could have referenced This
http://minichan.org/topic/22874
359,213
So may I suggest you learn Mouse 101 n pass on by copypasta
But b4 u do can u tell us how all that copy applies to non CP in USA?