Bronx New York Jury Instruction — Interstate Transportation Of Obscene Material — By Common Carrier: A Detailed Description In Bronx, New York, the legal system provides specific jury instructions related to the Interstate Transportation of Obscene Material by Common Carrier. These instructions are crucial for jurors to thoroughly understand the elements, charges, and legal principles pertaining to such cases. This article will delve into the various types of jury instructions related to the Interstate Transportation of Obscene Material by Common Carrier and shed light on their significance. 1. Definition of Obscene Material: One of the primary instructions revolves around defining obscene material. It is vital for the jury to grasp the legal definition of obscenity, which typically involves material that appeals to prurient interests, lacks literary, artistic, or scientific value, and violates community standards. 2. Interstate Transportation: This instruction elucidates that the accused has transported or caused the transportation of obscene material from one state to another. It helps jurors understand the essential prerequisite of interstate transportation for a conviction. 3. Transportation by Common Carrier: This type of instruction focuses on cases where a common carrier, such as a shipping company or airline, was involved in the transportation of obscene material. Jurors are briefed on the significance of the carrier's involvement and its impact on the legal implications of the case. 4. Knowledge and Intent: These instructions emphasize that the accused must have transported the material willfully, knowingly, and intentionally. It highlights the importance of proving the defendant's state of mind in relation to the transportation of obscene material. 5. Defenses and Exceptions: Jury instructions also cover potential defenses and exceptions that the accused might employ. Some examples may include asserting First Amendment protections or arguing that the material does not meet the legal criteria for obscenity. 6. Expert Testimony: In certain scenarios, expert witnesses may be called upon to testify regarding the nature of the material, its obscenity, or other relevant factors. Jury instructions provide guidance on how jurors should evaluate and weigh such expert testimony in reaching their verdict. 7. Evaluating Evidence: Jury instructions comprehensively explain the process of evaluating evidence presented during the trial. Jurors are instructed to consider the totality of the evidence to determine whether the prosecution has proven every element of the offense beyond a reasonable doubt. 8. Deliberations and Verdict: These instructions guide jurors through the deliberation process, emphasizing the need for thorough discussions and unanimity to reach a fair and just verdict. It also discusses the potential consequences of their decision. In summary, the Bronx, New York jury instructions on the Interstate Transportation of Obscene Material by Common Carrier cover a range of aspects crucial to the successful prosecution or defense of such cases. By providing clear explanations of legal definitions, elements, defenses, and evaluating evidence, these instructions assist jurors in understanding the charges and reaching an informed, fair verdict.
Bronx New York Jury Instruction - Interstate Transportation Of Obscene Material - By Common Carrier
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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.
Obscene material can include written words, visual depictions, or spoken words. The definition of obscenity is anything that fits the definition upheld by the Supreme Court in Miller vs. California. If you are facing federal obscenity charges, hiring an experienced lawyer is essential.
DISSEMINATING OBSCENE MATTER; POSSESSING OBSCENE MATTER TO DISSEMINATE. The defendant is charged with (disseminating obscene matter) (possessing obscene matter with the intent to disseminate it).
According to the ruling, which is based on the average person, applying contemporary adult community standards, any matter that lacks serious literary, artistic, political, or scientific value and taken as a whole, appeals to prurient interests is obscene, and thus not protected by the First Amendment.
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.
Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography material of a sexual nature that arouses many readers and viewers receives constitutional protection.
Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment.
A person commits the offense of disseminating. harmful material to minors if, with or without consideration and knowing the character or. content of the material, he: (1) Sells, furnishes, presents, or distributes to a minor material that is harmful to. minors; or.
Copy. Obscene material means that which the average person, applying community standards, finds as a whole to appeal to a minor's prurient interest in sex, and depicts or describes in an offensive way sexual conduct or sexual acts, and which lacks serious literary, artistic, political or scientific value. Sample 1.