San Diego California Jury Instruction — Interstate Transportation of Obscene Material — For Purpose of Sale or Distribution is an important legal guideline that provides instructions for juries involved in cases related to the interstate transportation of obscene materials with the intent to sell or distribute them within the jurisdiction of San Diego, California. The instruction assists jurors in understanding the specific elements, legal requirements, and considerations associated with such cases. Obscene material refers to content that meets the legal definition of obscenity, which generally involves patently offensive depictions of sexual conduct that lack any redeeming artistic, literary, or scientific value. The interstate transportation aspect pertains to the movement of these materials across state lines, while the purpose of sale or distribution emphasizes the intention to make them available for commercial gain or distribution to others. The San Diego California Jury Instruction — Interstate Transportation of Obscene Material — For Purpose of Sale or Distribution instructs jurors on various elements and factors they should consider while evaluating these cases. The instruction may address different types or elements of this offense, including: 1. Knowledge and Intent: Jurors need to determine whether the defendant knowingly transported or caused to be transported obscene materials across state lines, and if there was an intention to sell or distribute them. 2. Obscenity standards: Jurors may be instructed on the applicable legal standards to determine whether the material in question meets the legal definition of obscenity. Such standards may include the Miller test, established by the Supreme Court, which assesses whether the average person would find the material offensive, depicts sexual conduct in an offensive way, and lacks serious artistic, literary, or scientific value. 3. Commercial purpose: The instruction may outline the significance of establishing that the transportation of obscene materials was intended for commercial purposes, such as selling or distributing them for profit. 4. Inter-jurisdictional movement: It is crucial for jurors to understand the specific aspects of interstate transportation, where the materials must have crossed state lines to fall under the jurisdiction of federal or state laws. 5. Role of the First Amendment: Jurors might be instructed on the interplay between the First Amendment rights of free speech and the limitations imposed on speech when it comes to obscenity and pornography. 6. Evidence evaluation: The instruction may guide jurors in weighing the evidence presented during the trial, including expert testimonies, relevance of witnesses, and factors impacting whether the transportation of materials can be considered obscene. By providing clear guidelines, the San Diego California Jury Instruction — Interstate Transportation of Obscene Material — For Purpose of Sale or Distribution aims to help jurors understand the legalities and nuances of these cases, ensuring fair judgments based on the facts and the applicable law.
San Diego California Jury Instruction - Interstate Transportation Of Obscene Material - For Purpose Of Sale Or Distribution
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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.
2009 Edition. DISSEMINATING OBSCENE MATTER. 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).
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.
ACLU, 521 U.S. 844 (1998). 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.
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 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.
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 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.
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.
The distribution of obscene material to minors is a federal crime. Any transfer of obscene material or any attempt to transfer obscene material to a minor under age 16 is punishable by federal law. Additionally, attempting to transfer or transferring obscene material to minors via the internet is also illegal.