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Obscenity

Obscenity laws generally prohibit the sale or distribution of obscene material, though states vary widely in what is regarded as obscene. Most obscenity laws act as a way to control obscenity by declaring what is legally obscene, indecent, or simply offensive. A Los Angeles sex crimes lawyer know that anything offensive to morals may be referred to as obscenity and sometimes it is equated with pornography. United States courts have had difficulty defining exactly what is offensive or not in regards to obscenity laws.

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Obscenity

Obscenity is illegal in every state. If a work is legally declared as obscene then it may be censored and its producers may face penalties. The U.S. Supreme Court developed the Miller Test, in 1973, for determining what is obscene. The Miller Test, also called the Three Prong Obscenity Test, consists of three parts and when all the three conditions below are satisfied then the work is considered obscene.

  • Whether the “average person applying contemporary community standards” find the whole work appealing to prurient interests.
  • Whether the work depicts or describe, in a patently offensive manner, sexual conduct specifically defined in state law.
  • Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

When pornographic material is distributed in an unsolicited manner or puts on public display a criminal investigation of obscenity can occur. Generally speaking, obscene items are anything that meets all three parts of the Miller Test above. Most states regard obscenity as anything that is sex-related and goes beyond mere nudity. When pornography becomes obscene it becomes subject to federal and state laws and censorship. All pornography and obscene materials that involve children are illegal in all states and carry some of the most severe and stringent penalties.

Distribution or display of pornographic or obscene materials may be prosecuted as a relatively minor misdemeanor. However, if such material is distributed over the Internet, federal charges of Internet Pornography can be made. If the materials involve images or descriptions of minors, serious child pornography charges can be filed. If obscene or pornographic materials are shown or distributed to children or minors a serious charge of distribution of pornography or lewd and lascivious conduct can apply.

The mere accusation of a sex charge can have a devastating effect on your life, including serious harm to your reputation, career and personal relationships. If convicted, you can face lifetime registration as a sex offender and severe criminal penalties. A conviction can follow you for the rest of your life, and convictions can occur even when the only evidence is the victim’s word.

Obscenity Lawyer

The defense of sex crime cases is a highly specialized area requiring specific strategies and a defense team of criminal lawyers with experience defending obscenity and illegal or child pornography.

When pornographic materials involve computers or the Internet, your criminal attorneys needs cybercrime defense experience and technical knowledge about computers. It is also important to have a federal attorney on your team in the event that the FBI chooses to file a case against you.

Internet Pornography is aggressively prosecuted by the Federal government with severe sentencing penalties.

An obvious strategy is to deny that you created or knowingly possessed pornographic images. As with all pornography cases, there is not always a clear definition of what types of images are considered to be “pornographic.” This subjectivity, along with the means by which evidence was collected against you, may form important parts of your defense strategy.

With crimes involving computers, it is important to understand that there are many ways that pornographic or obscene images can be placed on your computer without your knowledge. An experienced pornography defense attorney will understand this and thoroughly pursue this possible defense. Check for sex crimes attorney in California.

Obscenity Attorney

LibertyBell Law Group was founded by a group of criminal defense attorneys who have a track record of generating results. We grew frustrated with the fact that thousands of people still suffer life-altering consequences because they do not have the ability to mount an adequate defense.

We created this law firm to level the playing field. We hand-picked only the foremost experts in sex crimes defense. Our obscenity defense lawyers have extensive experience and an impressive track record of results in sensitive and highly challenging sex crime cases.

Our top attorneys are legal veterans with all of the resources they need to get the best possible results for our clients. Our powerful legal defense force of lawyers are available and affordable. Check for federal criminal defense attorneys.

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As a client, you can now draw on the combined talents and resources of a huge team of criminal lawyers with one goal — getting the best possible result for your case. We stand ready to defend you both inside and outside the courtroom. See more los angeles criminal attorney.

Call us now at 855-LAW-PRO1 (855-529-7761) for a free consultation with one of our top sex crime attorneys. Early intervention is the key to our mutual success.

Gina Tennen

Founder
Founding partner and criminal defense attorney, Gina Tennen, is a leading advocate of personal freedom and individual rights. Her meticulous trial preparation and her exceptional ability to integrate an aggressive, thorough defense, has earned her the admiration of clients and the respect of prosecutors, judges and other criminal lawyers across the country.

She is an astute strategist and powerful advocate who works tirelessly to protect the rights of her clients. She has earned a long-standing reputation as a relentless fighter who never surrenders in any case and has represented many high-profile criminal cases.

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Gina was like a lioness protecting her cub.

    

I hired Gina and her team for my son who was facing 10 years for something they said he did when he was 17 years old. Gina was like a lioness protecting her cub. She did not stop. She fought hard and was able to defend the charges. We are so grateful to her and her team. They gave us our son. He recovered his life!

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Best defense lawyers in the country.

    

I hired this law firm in 2014 for my son who was facing 16 years in prison for a felony robbery. Lina Helou answered all our questions. I was extremely distraught regarding what my son was facing but Lina comforted me and told me that it would be okay. And thank goodness LibertyBell saved my son from going to jail and they were able to obtain only 3 years of probation. I could not have hired a better law firm for my son and if you want the best defense call LibertyBell Law Group. Thank God for this great group of lawyers.

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I do not have enough words to describe how incredible the experience with this firm was. They work very hard to make sure you have winning results. I could not have asked for better service from the moment I called, until my case was over. I was glad I made the right choice. Thank you again LibertyBell Law Group!

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She took her time to review all of my evidence and proved my innocence.

    

My father had found this group through his company and coworkers. I was assigned Gina Tennen and I cannot explain in just a review on how gratefull I am to be working with her. My case was an accusation of unlawful sex. This had looked extremely bad on my part since I was in a fraternity and she was in a sorority. During these times with Greek life, there are too many bad stigmas surrounding these organizations. Gina had believed in me and knew that I was innocent and that these accusations just were not true. She took her time to review all of my evidence and proved my innocence. I totally recommend this law group because they are willing to put in the work to help your situation.

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Gina always kept me fully aware of how the case was proceeding.

    

When I first heard I was under a criminal investigation, I initially thought I would try and resolve this in the best way possible, without legal representation, as we were all interested in a "just" outcome. I quickly discovered that was not the case and contacted Gina at LibertyBell. She clearly described the expectations and the choices available to me. She was always available to me, and when I called, if she couldn't talk with me at that time, she would quickly get back to me. Gina always kept me fully aware of how the case was proceeding. Her fee's were stipulated up front, as well as what those fees covered and what they did not.

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Attorney Gina Tennen was on point from day one.

    

Attorney Gina Tennen was on point from day one putting pressure on the sherrif's office to get things handled. With Child molestation accusatinos being thrown around Gina and Attorney Castro were great at keeping the pressure on and had no charges filled. The DCFS indications were appealed and we won with flying colors. Great service, great work, and will use again for all legal matters.

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Being involved in legal matters can be scary. When researching who to put my trust in, I came across Liberty and I am glad that I did. From the first time that I met with Gina and her team she made me feel comfortable and listened to all that I had to say. She assured me that her team would be on it and that they would do everything that they could! A little while in, Alan took over my case. When meeting with him you can tell that this is his passion and I immediately knew he was going to do everything in his power to make the outcome right! He was relentless and worked day and night working on the case. He kept in constant communication with me and truly cared not only about me but about my family as well. I am forever grateful for the support that this whole team has given me and would definitely recommend them to anyone who is looking for truly the best lawyers!

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