Obscenity remains a complicated and controversial area of the law. Legislatures struggle with the balance between preserving the people’s freedom of speech and expression, with prohibiting offensive material. If you’ve been indicted with obscenity charges, contact a Florida defense attorney to make sure your constitutional rights are upheld. Musca Law attorneys, who have over 100 years of combined criminal defense experience, know how important your freedom becomes when you’re facing litigation, and will make tireless efforts to fight any obscenity charges brought against you in Florida.
Obscenity in Florida: Where to Draw the Line?
Obscenity is a rather obscure term, generally referring to material that’s offensively sexual in nature without serious literary, artistic, political, or scientific value. Chapter 847 of the Florida Statutes covers obscenity offenses and attempts to detail what constitutes obscene material. However, the statutes regarding obscenity are quite complex, difficult to navigate, and possess numerous loopholes and gaps. You’ll need the wisdom and experience of Florida defense attorneys who are well-versed in criminal law in order to understand exactly what the legislation entails. While many forms of adult pornography are legal, the law draws the line when the material is plainly offensive or involves children. Florida prohibits the creation, use, ownership, or sale of “patently” offensive material. While a first offense of dealing with obscene materials may be only a misdemeanor, a second offense is considered a third degree felony. Likewise, if the material involves children, it’s also prosecuted as a third degree felony.
Other acts criminalized under the obscenity chapter of Florida law include:
- Computer pornography
- Sexting (minor-to-minor pornography sharing)
- Child pornography and exploitation
Exposing the Problem with Obscenity Laws in Florida Obscenity laws were created before the internet boom and don’t sufficiently account for the ever-changing technological arena. Too often, adult webmasters get needlessly dragged into criminal obscenity prosecution in Florida, and individuals simply trying to make a living or find entertainment find themselves facing possible prison time.
If this is your predicament, take heart that you do have options. When you discuss your case with one of our devoted, highly-trained attorneys, we’ll begin looking at ways to challenge the charges brought against you and mount a factual, ironclad defense. Societal mores regarding sexuality have undoubtedly changed, and necessitate a complete overhaul of obscenity laws in order to protect the rights of the American people. If you’ve been charged with an obscenity crime, contact Musca Law, with offices throughout Florida, including Miami, Jacksonville, Tampa, and Orlando, for a no-cost consultation. Using our nonjudgmental approach, we’ll examine any pertinent evidence and advocate for your rights as we seek a positive outcome.
