Obscene material, whether it is on the internet or in magazines is considered illegal

Internet Pornography - CA Obscenity Law Defense Attorney
Internet pornography is governed byboth California state law and by
federal law too. Generally, the purposes of the internet pornography
laws are similar to pre-existing pornography laws that govern such
things as books, magazines, and pornographic videos. Many of the laws
either fall under the category of obscenity laws or laws that were
created to prevent the exploitation of children.
Obscene material, whether it is on the internet or in magazines is
considered illegal and a person can be prosecuted for selling such
material. There is no First Amendment right to obscene speech.
According to current Supreme Court law on obscenity, material is
considered obscene when "to the average person, applying contemporary
community standards, the dominant theme of the material, taken as a
whole, appeals to the prurient interest." This confusing language is
quite ambiguous and the Supreme Court often finds itself debating
about the meaning of this standard. A conviction for obscenity crimes
can result in both civil and criminal forfeiture.
The question of obscenity is one forthe jury. Therefore, it is best to
use an experienced and qualified criminal defense attorney who can
develop a rapport with the jury. Often times in American history,
overzealous prosecutors with political intentions have
prosecutedobscenity cases. These cases are often controversial and
high profile.It is important to use an attorney who is used to the
spotlight and nota person who may not be able to handle the pressure
that such cases bring to bear upon the defendant and the defense team
as well.
Federal and state law prohibit images that depict a minor either
engaging in or simulating sexual conduct. This prohibition extends
toanyone who mails, transports, distributes, reproduces,
advertises,promotes, solicits, or presents such material. The state
and federal definitions do vary, so it is important to get a qualified
criminallawyer who knows the differences. Furthermore, the penalties
and fines between California law and federal law vary too.
The California Penal Code states that, every person who knowingly
possesses or controls any matter, representation of information,
data,or image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disc,
computer hardware, computer software, computer floppy disc, data
storage media, CD-ROM, or computer-generated equipment or any other
computer-generated image that contains or incorporatesin any manner,
any film or filmstrip, the production of which involves theuse of a
person under the age of 18years, knowing that the matter depicts a
person under the age of 18 years personally engaging in or simulating
sexual conduct, is guilty of a public offense and shall be punished by
imprisonment in the county jail for up to one year, or by a fine not
exceeding two thousand five hundred dollars ($2,500), or byboth the
fine and imprisonment."
Federal law requires anyone who produces any book, magazine,
periodical, film, videotape, digital image, digitally- or computer
manipulated image of an actual human being, picture, or other matter
which contains one or more visual depictions made after November 1,
1990 of actual sexually explicit conduct that will be interstate or
foreign commerce, shall create and maintain individually identifiable
records pertaining to every performer portrayed in such a visual
depiction.This requires that a person producing such material to get
proper identification from the performer as well as to ascertain any
information that may be necessary to determine the performer's age. A
producer is considered someone who creates the original material or
someone who puts the material in a catalogue or on a website as a
thumb nail. The definition of producer is broad and therefore, almost
anyone who puts images of persons engaged in actual sexually explicit
conduct on the internet will be required to maintain such detailed
records. For purposes of this law, "actual sexually explicit conduct"
means actual but not simulated conduct. This differs from the standard
that is applied toperformers under the age of 18.
Internet pornography law is very much influenced if not the same as
laws that govern pornography in theUS and throughout the states. It is
important to find legal counsel who has an understanding of the often
complex issues involved in pornography cases.

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