In today’s porn culture where the magazine racks at the grocery store would have been considered porn not that many decades ago, one wonders what would be obscene in today’s culture? Obscenity is really things that the culture finds reprehensible. There is a constant back and forth between people saying this is criminal and others saying their material is protected under the First Amendment.
Here are a few examples:
Florida Statute 847.011 makes it illegal in almost every way to be associated with obscene materials. It is illegal to possess, sell, lend, give away, transmit, show, or advertise any obscene material.
The state prosecutor has to prove beyond a reasonable doubt:
"[P]rurient interest" in sex is a shameful or morbid interest in sex, nudity, or excretion. Material does not appeal to a prurient interest if the average person today can view the material candidly, openly, and with a normal interest in sex.
Our West Palm Beach attorneys will investigate to see if the method and means the police used to find the material was consistent with the Fourth Amendment; otherwise, the evidence will be suppressed. Questions we will be asking:
The crime is a third-degree felony which is punishable up to 5 years in prison and a $5,000 fine. This crime is ranked as a level 1 crime under the Florida Criminal Punishment Code.
If you have been arrested and charged with this crime, in West Palm Beach call our law offices today so we can schedule a 5 minute free consultation. We want to talk to you about your version of the events. It is important for you tell us everything so we can help create a defense strategy for you. We will take depositions of the police officers involved and any witnesses. From that evidence we will further refine your defense. We will try to persuade the prosecutor to drop your case. If the prosecutor is not persuaded, we can take the case all the way to trial.