Hire an Obscenity Lawyer for Your Defense
The sentence for obscenity in the United States may be long-lasting and life-ruining, especially if you have never done time in jail before. Those found guilty of the transferring of obscene matter to a minor with or without misleading domain names, and/or communicating and broadcasting obscene material often struggle with adjusting to life in federal prison.
Hiring the right obscenity lawyer will ultimately determine your fate since a skilled lawyer can get you a more lenient sentence and advise you in preparation for your imprisonment. If you are headed to federal prison for obscenity, then the lawyers at Zoukis Consulting Group are here to help you.
Contact our legal team for expert defense or consulting from an obscenity lawyer, as soon as you possibly can, and let us start working on your case.
How Obscenity Becomes a Federal Crime
What are obscenity laws exactly? To truly comprehend the severity of federal obscenity laws, it would be best if we described each offense and sentence in detail. This will allow you to understand the illegality of obscenity in its entirety.
For a crime to be prosecuted at a federal level, it must meet certain conditions. In the case of obscenity, the offense is considered federal if it occurred in the federal or maritime jurisdiction of the United States, in federal prison, or anywhere else where prisoners are held by the authority of the U.S. federal government.
How does the U.S. Code describe specific instances of obscenity? Keep reading to find out more information.
Types of Obscenity
Under federal law, material that satisfies the following three-pronged test (as established by the 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)) may be considered obscene:
- Whether the average person (by modern adult standards) would find the material as a whole to appeal to inordinate sexual interests
- Whether the average person considers the material as a depiction of sexual conduct in a way that is offensive
- Whether an average person would consider the material as something that lacks literary, artistic, political, or scientific value
Anything that meets these conditions can be considered legally obscene.
Possession of Obscenity
Federal obscenity laws rule that it is against the law to produce and/or possess obscene material with the intent to sell or distribute and be involved in a business that sells or transfers obscene material using interstate or foreign commerce, including the use of computer software and the Internet. Engagement with a business that sells or distributes obscenity is against the law. Any financial or business involvement with a group that produces or sells obscene materials is against the law.
Telephone communications for a commercial purpose and broadcasting obscene material are both against the law, as is the attempt to commit such acts. The attempt to commit such acts is also against the law. Individuals found guilty of such crimes can be fined and sentenced to a prison term lasting any number of years or even for life.
Transporting Obscene Material
The act of importing, mailing, or transporting obscene matter is illegal, as is the attempt to commit such acts.
Federal statutes explicitly prohibit obscenity involving minors. The U.S. Code defines a minor as someone older than 12 but younger than 16. The statutory penalties for convicted offenders of minors are generally harsher than if the offense did not involve any minors.
Section 1466A of Title 18, United States Code, prohibits any individual from knowingly producing, distributing, possessing, and transferring any visual representations that appear to depict minors in obscene or sexual conduct.
The U.S. Code prohibits the use of misleading domain names or images on the Internet with the intent of deceiving a minor into viewing obscene material. If you are being charged for obscenity, get in touch with one of our lawyers today.
Contact an Obscenity Lawyer Today
Call a federal sexual abuse attorney immediately if you have been charged with any form of federal obscenity. Our team is here to represent you every step of the way. Making sure you are getting the defense you deserve is very important to us. The sooner you contact us, the sooner we can begin working on your case. One of our obscenity lawyers from the Zoukis Consulting Group will defend you in court or counsel you on being in federal prison. Call now to receive an initial consultation.
Published Feb 15, 2022 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Jun 26, 2023 at 1:48 pm
