Quote:
Originally Posted by DaddyHalbucks
Yep. The crime of obscenity is essentially undefined, which gives prosecutors alot of power.
|
Well... I wouldn't say undefined... but the definition is surely kept obtuse as hell.
Copied by hand from an older law dictionary in my library:
"Obscenity: The character of quality of being obscene; conduct tending to corrupt the public morals by its indecency or lewdness.
Material is Obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candot in describing or representing such matters. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience. Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. Model Penal Code 251.4
Federal laws prohibit the mailing, transportation for sale or distribution, importation, and broadcasting of obscene matters. 178 U.S.C.A. 1461 et seq."
"Obscenity." Black's Law Dictionary. 5th ed. 1979.