Obscene Materials

In California, there are a number of sex crimes that deal with obscene matter, most of which carry heavy fines, a jail or prison sentence and a requirement that the accused register as a sex offender, pursuant to California Penal Code 290. “Obscene matter" means matter (in any form), that to the average person applying contemporary statewide standards (taken as a whole), appeals to an unpleasantly strong sexual interest, that depicts or describes sexual conduct in a patently offensive way, and that lacks serious literary, artistic, political, or scientific value. If the material in question depicts minors engaged in sexual conduct, that fact may be used to consider whether or not the material meets the above definition. If it appears from the nature of the matter or from the circumstances of its distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the material shall be judged with reference to its intended recipient group.

An experienced California sex crime criminal attorney is the key to avoiding the stiff penalties that are imposed in connection with these offenses. He or she knows the most compelling arguments that judges and juries respond to regarding this highly sensitive area of the law, and further knows the most effective ways to articulate them.

The most commonly prosecuted California sex offenses involving obscene matter include possession, distribution, publication and duplication of such materials. Participating in any of these activities constitutes a crime, and the accused faces an even stiffer sentence if he or she does so with material that depicts minors engaged in sexual conduct. Participating in any of these activities for commercial consideration, knowing that the matter depicts a minor engaged in sexual conduct, will result in a definite prison sentence, and if any of these materials are sold, distributed, etc. to a minor, the accused automatically faces a felony.

Another commonly prosecuted class of crimes that deal with obscene materials includes using a minor to distribute, publish or duplicate the matter, or using a minor to pose for any print or live act that depicts sexual conduct alone, with others or with animals. If the accused additionally persuaded or coerced the minor into posing for or performing the obscene sexual act, the accused automatically faces a felony. If done for commercial purposes or if it is proven that the minor described under any of these scenarios is under the age of 14, the penalties will be severe.

Crimes that involve distributing or exhibiting obscene material to minors will also be vigorously prosecuted in California. These include selling, renting or exhibiting obscene matter to a minor, representing oneself to be the parent or guardian of a minor, causing the minor to be admitted to an obscene exhibition, displaying or selling a vending machine that displays obscene matter in a public place accessible by minors, altering a rented video to include obscene matter and failing to have a clearly labeled “Adults Only” section in a video store that sells obscene materials.

The least serious sex crimes relating to obscene materials deal with their creation, promotion and delivery. These misdemeanor crimes include writing, creating, soliciting or otherwise promoting the sale and distribution of matter held to be obscene, participating in managing, producing, sponsoring, or exhibiting obscene live conduct, and requiring a purchaser to receive and keep obscene materials as a condition of a sale or delivery for resale of any merchandise.

The laws that relate to obscene materials are complex and subject to much interpretation and scrutiny, which is why it is so important to have a skilled defense attorney who specializes in California sex crime defense, and who therefore knows how to successfully challenge these types of charges. To learn more about the punishments and defense strategies that are applicable to these offenses, contact the unsurpassed criminal defense lawyers at The Kavinoky Law Firm today for a free consultation.