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joy2u -> RE: illegal in certain states (3/28/2008 10:09:49 PM)
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quote:
ORIGINAL: sillyfool
i would like to read what exactly these laws state and i can not find them for the life of me. Please do not give me general sites and tell me to look through it, like http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl as i have searched all through these types and could not find what i am looking for.
Thanks ~silly
silly, You were close with your link, but you didn't go quite deep enough into the General Statutes of NC. The specific law that governs "adult material" and "sexually explicit material", etc. in NC is covered under Article 26 - Offenses against Public Morality and Decency. And, specifically under 14‑190.1. Obscene literature and exhibitions.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.1.html
Here is an excerpt of the statute:
(a) It shall be unlawful for any person, firm or corporation to intentionally disseminate obscenity. A person, firm or corporation disseminates obscenity within the meaning of this Article if he or it:
(1) Sells, delivers or provides or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene
(b) For purposes of this Article any material is obscene if:
(1) The material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (c) of this section; and
(4) The material as used is not protected or privileged under the Constitution of the United States or the Constitution of North Carolina.
(c) As used in this Article, "sexual conduct" means:
(1) Vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted; or
(2) Masturbation, excretory functions, or lewd exhibition of uncovered genitals; or
(3) An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume.
(e) It shall be unlawful for any person, firm or corporation to knowingly and intentionally create, buy, procure or possess obscene material with the purpose and intent of disseminating it unlawfully.
(g) Violation of this section is a Class I felony.
A Class I felony is punishable by 5 years or fine or both.
"Obscenity" does not encompass all pornography. It is defined for constitutional purposes as material that depicts or describes sexual conduct in an offensive way, and that lacks literary, scientific, artistic, or political value.
Federal law gives the power to each state to determine what is "offensive" for their own "community".
By the way, in addition to this statute, there is also 14‑190.5. Preparation of obscene photographs, slides and motion pictures.
Every person who knowingly:
(1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for the purpose of dissemination; or
(2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for the purpose of dissemination,
shall be guilty of a Class 1 misdemeanor.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.5.html
Conviction of any misdemeanor for which nonspecific punishment is prescribed by statute shall be punishable by fine, by imprisonment for a term not exceeding two years, or by both, in the discretion of the court."
Hope this helps to answer your question.
joy
Owned servant of Master David
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