Question: What Is Possession Of Obscene Matter?

What is the difference between felony classes?

Many states, plus the federal criminal code, categorize their felony crimes by degree of seriousness, from the most serious to the least.

Class A and level 1 felonies are the most serious, class B and level 2 are less so, and so on.

States group their felonies in order to assign punishment on an orderly basis..

What does possession of obscene matter mean?

California Possession of Obscene Matter Obscene matter is defined as matter that, to the average person, would depict an unpleasantly strong sexual interest or sexual conduct in a patently offensive way, which lacks any serious literary, artistic, political or scientific value.

What is an example of obscenity?

The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.

What does obscene talk mean?

An obscenity is a dirty word or phrase. … They are obscenities, which are also known as swear words. You can also say that anything offensive or inappropriate is an obscenity. This can include things that are not only dirty, but things that are offensive in other ways.

How long does a felony stay on your record in Alabama?

Expungement may be sought 90 days after charges dismissed with prejudice, and after an additional waiting period after dismissal without prejudice (two years for misdemeanors, five years for felonies) “if the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation …

What is the nearest in meaning of obscene?

Some common synonyms of obscene are coarse, gross, ribald, and vulgar. While all these words mean “offensive to good taste or morals,” obscene applies to anything strongly repulsive to the sense of decency and propriety especially in sexual matters.

How do you spell obscenity?

noun, plural ob·scen·i·ties for 2, 3. the character or quality of being obscene; indecency; lewdness.

What is the punishment for obscenity?

Convicted offenders face fines and up to 5 years in prison. Moreover, Sections 1464 and 1468 of Title 18, United States Code, specifically prohibit the broadcast or distribution of obscene matter by radio communication or by cable or subscription television respectively.

Why is obscenity so hard to define?

Obscenity should not be defined by a set of guidelines, because each individual views the content of material differently. Such rulings are still applicable even thirty or fifty years later, as is shown in the 2004 case of Ashcroft v. American Civil Liberties Union.

What words are considered obscene?

For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

How do you use obscene in a sentence?

Obscene in a Sentence 🔉I wish adult websites would stop sending me obscene emails! … If you keep using obscene language, you’re going to get in trouble at school. … Tammy gave her son a good scolding when she found a stash of obscene magazines under his bed.More items…

Can you go to jail for sexting?

In most states, the act of sending illicit pictures involving a minor will result in felony charges. These are generally punishable by severe criminal fines and at least one year in a state prison. … Penalties for misdemeanors generally include smaller criminal fines and up to a year in jail.

What is the difference between obscenity and indecency?

– Obscenity: This category is so offensive that is deserves and receives no First Amendment protection. It can be regulated or outlawed at the will of the states. – Indecency: This category is “less offensive” than obscenity. It enjoys First Amendment protection.

What is legally 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.

What’s obscene means?

1 : disgusting to the senses : repulsive. 2a : abhorrent to morality or virtue specifically : designed to incite to lust or depravity … the dance often becomes flagrantly obscene and definitely provocative … —

What is a Class A felony in Alabama?

Class A felonies are the most serious, and are eligible for a jail sentence of at least ten (10) years, up to ninety-nine (99) years or life. Fines can go up to $60,000.00. Class A felonies typically include violent crimes or crimes that involve danger to another person.

What is the lowest felony charge?

So, exactly what is a 4th Degree felony then? In states who apply this category of crimes, it is the least serious type of felony offense that a defendant can be charged with and is one step above the most serious level of misdemeanor offenses.

What are the 3 tests for obscenity?

The Miller test for obscenity includes the following criteria: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically …

What are the three parts of the obscenity test?

Burger established a three-part test for juries in obscenity cases: “Whether the average person, applying contemporary community standards, would find that the work taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined …

Is obscenity a felony?

Example of Obscenity Involving a Minor This act is clearly against the law, and in many states it may be charged as either a misdemeanor or a felony, depending on the exact circumstances.