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Jury Instruction - Interstate Transportation Of Obscene Material - By...

Queens New York Jury Instruction - Interstate Transportation Of Obscene Material - By Common Carrier

Name: Queens New York Jury Instruction - Interstate Transportation Of Obscene Material - By Common Carrier
Brand: US Legal Forms
Rating: 4.57 (323 reviews)

Category:

Federal - Jury Instructions - Offenses Instructions

State:

Multi-State

County:

Queens

Control #:

US-11CRO-44

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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Section 1470 of Title 18, United States Code, prohibits any individual from knowingly transferring or attempting to transfer obscene matter using the U.S. mail or any means or facility of interstate or foreign commerce to a minor under 16 years of age. Convicted offenders face fines and imprisonment for up to 10 years.

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.

Interstate Commerce means commerce or travel between the states, territories, and possessions of the United States. Foreign commerce means commerce or travel between any part of the United States and any place outside the United States.

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.

The main purpose of the Interstate Commerce Act of 1887 was to provide federal regulation over the railroad industry. The act created the Interstate Commerce Commission (ICC) to oversee the railroad industry and ensure complicity with the law.

Transfer of obscene material to minors is the act of using mail, foreign commerce, or any other delivery method to get obscene material into the hands of someone under the age of 16. This act is punishable by fine, up to 10 years in federal prison, or both.

The material must show or describe sexual conduct in a way that is offensive to average citizens of the county. The material not possess any serious artistic, literary, political, or scientific value.

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.

For its enforcement, it created an Interstate Commerce Commission of five members, with powers of investigation, and with authority to issue remedial orders upon complaint and after hearing.

?Interstate commerce? means trade, traffic, or transportation in the United States ? (1) Between a place in a State and a place.

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Court record or file which contains confidential material. All links on topical lists should also appear in the main alphabetical listing.Common carriers w'ere deemed to be the acts of the corporation. AN ACT making an appropriation from the general fund in the state treasury to the legislative fund. Criminal Law—jury instructions—lack of flight—actions after defendant left crime scene. In a trial for first-degree felony murder, defendant was not enti-. Common law (judge-made law) were to be narrowly construed and rules for filling judicially perceived "gaps" in statutes that had less to do with perceived. 00 upon receipt of the CD-ROM.

Queens New York Jury Instruction - Interstate Transportation Of Obscene Material - By Common Carrier

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What does the government do to protect material from obscenity?

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