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Actions that can lead to federal obscenity charges

On Behalf of | Jul 31, 2023 | Blog, Federal Crimes |

Obscenity laws in the United States are complex, but they play an important role in maintaining the balance between the constitutional right to freedom of speech and protecting societal norms.

These laws can sometimes seem confusing, but it is essential to know what actions can lead to federal obscenity charges. Violations of federal obscenity laws carry serious penalties, including imprisonment and hefty fines.

Federal obscenity laws

Federal obscenity laws focus on three primary activities: the production, distribution and possession of obscene materials. The key here is understanding what the government deems “obscene”. The Supreme Court uses a three-prong test, known as the Miller test, to define obscenity. The courts consider material obscene if it appeals to the prurient interest, portrays sexual conduct in a patently offensive way and lacks serious artistic, political or scientific value.

Producing obscene material

Producing material that meets the criteria of obscenity under federal law is a punishable offense. This could involve creating explicit photos, videos, writings or any other form of sexually explicit content that fails the Miller test.

Distributing obscene material

Selling, renting or otherwise providing explicit content through any medium, including the Internet, can lead to federal distribution of obscene material charges. This is especially true if it happens across state lines or internationally.

Possessing obscene material

Possession of obscene materials can also lead to federal obscenity charges. However, this typically applies in more severe cases, such as the possession of obscene material involving minors.

Engaging in obscenity-related activities online

With the rise of the Internet, federal obscenity laws have adapted to include digital content. Sharing, downloading or even viewing explicit material that qualifies as obscene under federal law could result in charges.

Understanding federal obscenity laws is essential to avoid potential legal consequences. Being aware of these laws can help you navigate the digital age more safely, ensuring your actions remain within the bounds of the law.