The State of Florida’s obscenity law is complicated and controversial. The law aims to protect the public from being subjected to language that is deemed to be offensive in nature. Obscenity is subject to being interpreted differently by various cultures and individuals, which makes the law hard to comprehend. Society is changing, and what was deemed offensive fifty years ago, may not be viewed as such today. If you are charged with obscenity in the State of Florida, you must seek the professional advice of a fully qualified and highly skilled Florida obscenity defense attorney to ensure that your rights are protected.
Florida State Statutes Chapter 847 directly addresses the crime of obscenity and makes every attempt possible to be precise as to what is or is not considered to be inappropriate and obscene. Something is generally deemed to be obscene if it has any sexual connotation to it, unless it has literary, scientific, or artistic value. This can cause problems as it provides for the interpretation by law enforcement officials to determine if what has been said warrants charging you with the crime of obscenity. It is rather obvious that any sexual activity or pornography which involves children is automatically to be deemed offensive in nature. Obscenity involving children or teenagers will bring additional serious charges to be brought against you.
Penalties and Consequences for Obscenity in Florida
The State of Florida, states that it considered being illegal to create, sell, or even possess material that is considered to be offensive. If you are charged and subsequently convicted of violating the obscenity laws within the State of Florida you will be facing severe and stringent penalties which include the following,
- The first offense of obscenity is charged as a misdemeanor
- Your second offense of obscenity is charged as a third degree felony
- Any and all obscenity charges which involve children or teenagers is automatically charged as a third degree felony
- Significant prison terms which will depend on what charges are brought against you
- Cumbersome fines
- The possibility that you will be mandated to register as a sex offender which lasts for a lifetime. This usually depends on charges that have been brought against you.
What Do I Do Now? I Have Been Charged With Obscenity in Florida
No matter what sex crime you are charged with, it is vital that you have a Florida obscenity defense attorney to represent you when you go to court. The very instant that you are suspected, arrested and subsequently charged, your Florida obscenity defense lawyer will work to build you a defense case.