Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. 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. Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment. Although the law generally does not criminalize the private possession of obscene matter, the act of receiving such matter could violate federal laws prohibiting the use of the mails, common carriers, or interactive computer services for the purpose of transportation. (For more information, see Citizen's Guide to Federal Law on Obscenity).
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Federal law strictly prohibits the distribution of obscene matter to minors. Any transfer or attempt to transfer such material to a minor under the age of 16, including over the Internet, is punishable under federal law. It is also illegal to use misleading website domain names with intent to deceive a minor into viewing harmful or obscene material. For example, using a cartoon character or childrens television program in the domain of a website that contains harmful or obscene material may be punishable under federal law. In addition, visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexual activity and are obscene are also illegal under federal law. It is important to note that the standard for what is harmful to minors may be different than the standard for adults, and offenders convicted of obscenity crimes involving minors face harsher penalties than if the crimes involved only adults (For more information, see Citizen's Guide to Federal Law on Obscenity).
DETROIT - A Royal Oak man who repeatedly abused underage girls was sentenced to eleven years in federal prison for coercing and enticing a minor to engage in illegal sexual activity and for receiving child pornography, announced United States Attorney Dawn N. Ison.
Numerous studies state that teen sexting occurs regularly and is a growing trend. Sexting is sending and receiving sexually explicit messages. However, it also includes sending and receiving nude or seminude videos and photographs.
It is not illegal for consenting adults to engage in sexting or share explicit photographs and videos. However, if one of the participants is a minor, sexting on Facetime, Skype, or other electronic means is illegal.
If a minor lies about his or her age online, the minor will likely face no repercussions. However, adults who engage in sex acts with minors who have lied about their age can still be liable for a sex crime. In many states, not knowing that someone was underage is not a defense to most sex offenses involving minors, like statutory rape.
Carolyn Twersky is an associate editor for Seventeen covering celebrities, entertainment, politics, trends, and health. On her off time, she's probably watching Ru Paul's Drag Race, traversing NYC for the best donuts, or, most likely, enjoying time in her favorite place in the world: her bed.
States have taken various approaches to address teen sexting. Some have enacted laws prohibiting sexting by or between minors. These laws tend to have penalties that aren't as severe as when an adult sexts with a minor. Other states punish sexting under preexisting laws against child enticement and child pornography, which can result in harsh punishments for both adults and minors.
Similar to sexual exploitation of a minor, both adults and minors can be prosecuted for this crime. But note that this section makes it illegal to sext images to a minor (not images of a minor). So an adult who sends a nude selfie to a child could be prosecuted under this law. This could be an 18-year-old who exchanges nude selfies with a 17-year-old dating partner. An offense under this section is a class 1 misdemeanor, which carries a maximum penalty of 120 days' (four months') jail time.
Adults (including teens age 18 and 19) facing criminal charges are tried in adult court. Under North Carolina's transfer laws, a minor could also end up facing charges in adult court. The law requires judges to transfer juveniles to adult court if they are age 16 or 17 and facing class A to G felony charges. Transfer to adult court is discretionary for 16- and 17-year-olds charged with class H and I felonies. The law also permits transferring minors as young as 13 to adult court if they are charged with a felony. A minor who goes through adult court ends up with an adult conviction and faces adult penalties, such as prison time and sex offender registration.
Last week, The Post saw two planes land at the Westchester County Airport, where most of the passengers who got off appeared to be children and teens, with a small portion appearing to be men in their 20s.
A source familiar with the operation at the Westchester airport said the underage migrants typically arrive carrying backpacks and are bused to locations including the Bronx, Brooklyn, Queens, upstate Newburgh, and Bridgeport and Danbury in Connecticut.
Sexting refers to the sharing of nude or sexually explicit images with others through the use of smartphones, the Internet, or other communication devices. Consenting adults don't typically commit crimes when they sext, but teens (many of whom are minors) who sext can face significant potential consequences.
States have taken various approaches to address teen sexting. Some have enacted laws prohibiting sexting between minors. These laws tend to have penalties that aren't as severe as when an adult sexts with a minor. Others punish sexting under preexisting laws against child enticement and child pornography, which often have harsh penalties.
Florida is one of the states that has enacted legislation specifically addressing teen sexting. The law offers prosecutors a charging option that allows minors (those younger than 18) to avoid a felony record and sex offender registration.
Any charges that stem from sexting involving minors or teens can result in serious consequences for those involved. If you've been questioned by the police or charged with a sexting crime, you should speak to an experienced criminal defense lawyer immediately. An experienced attorney will be able to provide you with legal advice and information on the potential consequences of the charges against you.
Did you know that teenagers could be committing a crime based on the messages they send and receive on their cell phones? Text messages, DM's, Snapchats, and other electronic messages can violate state criminal laws if they contain sexual messages, images, or videos.
All states have laws prohibiting minors from sending or receiving sexual images of a minor, which means both you or another minor. Some states even have laws making sexting illegal. So before you hit send" on that flirty selfie, make sure you're not committing a crime.
Sexting isn't always illegal. Consenting adults can generally exchange sexually explicit images and messages without committing a sex crime. However, teen sexting that includes minors can be a state or federal crime. It may even violate child pornography laws.
More and more states are enacting specific laws for underage sexting. Most states with sexting laws treat sexting as a misdemeanor criminal offense. A minor commits the act of sexting if they knowingly use a computer or electronic device to send photos that show nudity.
Disappearing chats offered by services like Snapchat, Instagram, and Facebook seem to make sexting effortless and are popular among teens. Users can enable Vanish Mode" to automatically delete messages once your recipient looks at them. Seems like the perfect sexting scenario.
Some teens have not matured socially and do not fit in with their age group. They may tend to spend time with younger children as they are more comfortable with this age group. Other youth may have significant developmental delays that affect their knowledge about appropriate sexual behavior and decision making ability.
Some teens have a history of consistently breaking rules of behavior at home, at school, or in the community as they repeatedly engage in delinquent behaviors. Their illegal sexual behavior is one more delinquent act in a pattern of highly problematic behaviors.
Teenagers today have easy access to highly sexualized materials through movies, television, music, the Internet, and magazines. Sex is used to sell almost everything, and ordinary media content is more highly sexualized than ever. Some boys report that they were viewing sexually explicit materials prior to their illegal behavior and that this material influenced their actions. Some teens live in a highly sexualized home with frequent, open sexual behavior between adults. This environment, too, can affect their choices and behaviors.
Some adolescents have themselves been sexually abused. The abuse might have been recent, might be ongoing, or could be something that happened when they were much younger. The majority of teens with illegal sexual behavior, however, have not been sexually abused.
Understanding teens with illegal sexual behavior is a complex challenge. Even the experts who provide treatment according to the best available evidence know that they are working with just that, the best evidence currently available. Our knowledge of adolescents who engage in illegal sexual behavior is constantly changing and expanding. 2ff7e9595c
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