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Federal Child Pornography And Obscenity Charges And Require An Experienced Criminal Defense Attorney

Many people know that First Amendment issues may involve complex disputes. The United States Supreme Court has ruled in several occasions in cases involving what the criminal statutes call obscenity charges. Unforetunately, legal definitions may not always translate to common language in the community. The federal governement provides rather vague translations of what the federal obscenity crimes prohibit. Translations of obscenity may use phrases like “prurient interests” or “patently offensive” materials.

These legal standards require the attention of a person who knows how to fight against the power of the government as a courtroom experienced federal obscenity criminal defense attorney. Many words descibing child pornography or other comuter offenses use language written in Surpeme Court decisions that create a three-prong test and analysis of what obscenity may mean.

Note that trial lawyer Sergio Sanchez does not approach cases with his eye on one exclusive magic bullet. He fights charges before trial, challenging the alleged facts, seeking to suppress evidence and fighting the government theory of probable cause. He works to minimize the consequences at every step. In the end, he has no fear of going to the mat during a criminal trial in state or federal court.

Federal obscenity offenses are complex and harshly punished. If you have been accused of a federal obscenity charge in Texas, you are most likely facing serious and lasting consequences. At The Sanchez Law Firm, our attorney Sergio Sanchez is a former federal prosecutor in the Valley. Now, he works aggressively to defend clients in McAllen, Edinburg, through South Padre, and across the state of Texas, who are facing federal criminal charges.

Obscene Content: No First Amendment Protection

Obscenity is defined as a category of pornography that has no serious, literary, artistic, political or scientific value, and violates community standards.

Federal obscenity charges include:

  • Possession of obscene matter on federal property, with the intent to sell
  • Possession and/or distribution of child pornography
  • Mailing obscene or crime-inciting matter
  • Importation or transportation of obscene matters
  • Mailing indecent matter on wrappers or envelopes
  • Broadcasting obscene language
  • Transportation of obscene matters for sale or distribution
  • Engaging in the business of selling or transferring obscene matter
  • Obscene visual representations of the sexual abuse of children
  • Transfer of obscene material to minors
  • Misleading domain names on the internet
  • Misleading words or digital images on the internet

The First Amendment protects the freedom of speech. While pornographic material can be protected as free speech, there are two exceptions: obscenity and child pornography. Obscenity charges are some of the most controversial and confusing nuances of First Amendment law. If you have been charged with a federal obscenity or child pornography crime, you need a criminal defense lawyer who has an intricate understanding of these federal crimes.

Note that it is the burden of the prosecutor to prove that the First Amendment does not apply to the specific content they allege is obscene or involves child pornography. At The Sanchez Law Firm in McAllen, Texas, we provide non-judgmental criminal defense representation that truly analyzes every aspect of the prosecution’s allegations. Challenges may involve unconsitutional acts of members of law enforcement. Evidence may require legal challenges, as well as factual challenges. Our criminal defense process sythesizes looking at every detail with viewing the case in the big picture. Becuase we never lose sight of the true goal of criminal defense, we strive to never simply throw in the towel.

Call Today To Hire A Former Prosecutor Who Knows How To Defend Federal Obscenity Charges

Federal charges can result in serious consequences. Fight them by hiring an aggressive criminal defense attorney. Call us today at 956-467-5766 or email us to schedule your free consultation. Hablamos español.