Thread: Going to Jail
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Old 09-13-2005, 10:55 AM  
Redrob
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Going to jail is always a possiblility. Whether you are convicted or not, would probably hinge on where you are prosecuted and the community standards of that community.

If you deal in interstate transportation of erotica, you could conceivably be prosecuted in any town on the transportation path of the goods. Likewise, for the Internet, you could be prosecuted in any community where your website can be accessed. Whether a prosecutor decides to bring charges or not depends on several things:

Who made the complaint?

Whether the prosecutor has political ambitions?

What is the nature of the content itself and chances of getting a conviction?

What is the history of previous prosecutions for materials of this nature in the community?

Is the material in question already readily available in the community?

As you can see, the chances of being prosecuted depends on several variables. To that end we are all at risk everyday. However, given the reality of the situation, most prosecutors know that it is unlikely that they will be able to secure a conviction on mainstream erotica as it has become increasingly accepted by a majority of our citizens. It is increasingly difficult to get a concensus of jurors to agree on a pro-censorship stand in oppostion to the individual right to read and watch what they choose in their own homes.

That being said, we are still at risk in extremely conservative communities where local prosecutors have political ambitions, conservative groups are active, and where adult materials are not readily available or accepted.

The best advice is to use good legal counsel for determining your community standards and website design, be discreet in your delivery of merchandise, don't ship to places that are known for "obscenity prosecutions", be proactive in seeking answers to your questions, and join and support your adult entertainment trade association: The Free Speech Coalition.

Don't wait for a problem to arise.

I hope this helps.
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