If there is a legal definition of pornography, please share. I mean also to know what Federal Rule. Are there different kinds, like movies, words said to another and written words? If communicated by an adult to minor....?
Courts and the Congress and state legislatures have struggled with this task for decades, and there is no one firm sound or reliable answer. A Supreme Court justice once summed it up with the statement: "I know it when I see it." And that, of course, is the problem.
One of the dangers of conduct (possession, distribution, sales) involving material which is marginal or arguable in this subject matter is that what looks like pornography to a local prosecutor and jury may not look like it someone with wider experience and different erotic interests. It can be a quicksand, an expensive, dangerous, liberty-risking quicksand. Of course, under the law, a criminal conviction can always be appealed on the ground that the person convicted did not recognize the material as pornography. But that appeal is most often down the road by many years and many thousands of dollars in bail, court costs and legal fees. There is not much protection at the front of the experience for conduct that involves material that is arguably over the pornography line. And, all of these cautions need to be magnified about a hundred-fold if the material in question involves children or persons who appear to be children.
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As attorney McCall points out, no one can articulate boundry-safe definition. Its whatever the judge feels like on the day in question.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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