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Yes, they have to have the 18yo warning to avoid being prosecuted under disseminating matter harmful to juveniles laws. They also have to have a USC 2257 compliance statement saying that all models are over 18 and records are kept and where to find the records. But as far as obscenity goes, the definition isn't clearly spelled out. Miller vs California fixed the definition of obscenity as: 1. Whether the average person would find that the work, taken as a whole and applying contemporary community standards, appeals to the prurient interest;
2. Whether the work depicts or describes sexual conduct in a patently offensive way, when applying contemporary community standards; and
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Regardless of the prevalence of sexually explicit images in society, in the media, and on the Internet, the Miller test remains the standard by which depictions of sexual conduct are judged.http://www.usdoj.gov/criminal/ceos/obscenity.htmlSo, if you believe you can get a jury of 12 to convict on the matter in question, any explicit material can be prosecuted. It's why most companies won't mail adult tapes to Utah. As far as the federal law goes, here's the most applicable: § 1466. Engaging in the business of selling or transferring obscene matter
Release date: 2004-08-06
(a) Whoever is engaged in the business of selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both. (b) As used in this section, the term “engaged in the business” means that the person who sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the selling or transferring or offering to sell or transfer such material be the person’s sole or principal business or source of income. The offering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a combined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is “engaged in the business” as defined in this subsection. http://straylight.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001466----000-.htmlAnd if you go back to chapter 71 from that page you can find a whole body of laws 1460 - 1470 on how it's illegal regardless of how it's transmitted, etc., and how they can seize your assets under RICO if you are found guilty of obscenity. The laws in Ohio spell it out much more clearly - the Ohio law is typical of the obscenity laws in 40 states: Definition of obscenity: (F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply: (1) Its dominant appeal is to prurient interest; (2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite; (3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality; (4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose; (5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose. http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORCSo, under Ohio law, even Playboy can be deemed Obscene - if they thought they could get a jury to convict. And here's the obscenity law itself: § 2907.32. Pandering obscenity. (A) No person, with knowledge of the character of the material or performance involved, shall do any of the following: (1) Create, reproduce, or publish any obscene material, when the offender knows that the material is to be used for commercial exploitation or will be publicly disseminated or displayed, or when the offender is reckless in that regard; (2) Promote or advertise for sale, delivery, or dissemination; sell, deliver, publicly disseminate, publicly display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, publicly disseminate, publicly display, exhibit, present, rent, or provide, any obscene material; (3) Create, direct, or produce an obscene performance, when the offender knows that it is to be used for commercial exploitation or will be publicly presented, or when the offender is reckless in that regard; (4) Advertise or promote an obscene performance for presentation, or present or participate in presenting an obscene performance, when the performance is presented publicly, or when admission is charged; (5) Buy, procure, possess, or control any obscene material with purpose to violate division (A)(2) or (4) of this section. (B) It is an affirmative defense to a charge under this section, that the material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance. (C) Whoever violates this section is guilty of pandering obscenity, a felony of the fifth degree. If the offender previously has been convicted of a violation of this section or of section 2907.31 of the Revised Code, then pandering obscenity is a felony of the fourth degree.A fourth degree felony can get you up to a year in jail in Ohio. I live in a quasi-legal status, where they can't stop me from selling any tape - that would be prior restraint of free speech, but any tape I sell is chargeable under the law, and I have to pay to be defended in a trial, etc., but the tape is not actually obscene until a jury finds it to be. In most jurisdictions, it is not worth it to the prosecutors to charge stores like mine. They have to hire "expert" witness, have little experience in these cases (except in Cincinnati), the trial can cost a county 10 grand - and it would be a crapshoot either way to get a conviction. It also makes the authorities look like moralistic asses and in most places won't help their reelection. Sorry it took me so long to get back to you.
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