Mailing Obscene Material / 18 U.S.C. Sec. 1461 is a criminal offense that occurs when someone knowingly sends obscene material through the mail. The material must have the potential to corrupt or deprave the recipient in order to be considered obscene. This law is enforced by the United States Postal Service and the Department of Justice. The types of Mailing Obscene Material / 18 U.S.C. Sec. 1461 that can be prosecuted include sending or receiving obscene pictures, videos, books, magazines, and other publications. It is also illegal to mail obscene advertising, or any material that contains obscene language. The penalties for Mailing Obscene Material / 18 U.S.C. Sec. 1461 depend on the circumstances of the offense and can range from fines to imprisonment. In some cases, the offender may be required to register as a sex offender.
MAILING OBSCENE MATERIAL / 18 U.S.C. Sec. 1461
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The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.
For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.
§ 1465; 18 U.S.C. § 1466). For example, it is illegal to sell and distribute obscene material on the Internet. Convicted offenders face fines and up to 5 years in prison.
They are: (1) whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and.
California courts qualify matter as ?obscene? if: it shows or describes sexual conduct in an offensive way, a reasonable person would conclude that it lacks serious literary, artistic, political, or scientific value, and.
Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.
Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment.
Examples of obscene matter include ography videos, pictures, or billboards. Possession of obscene matter can include but is not limited film, filmstrip, photograph, negative, slide, photocopy, videotape, computer hardware, computer software, data storage media.