102 lines
4.2 KiB
Plaintext
102 lines
4.2 KiB
Plaintext
/* The Model Penal Code (MPC) is arguably the most important work
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on criminal law in the past 30 years. This Model Code has been
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used as the basis of many state's criminal codes. New Jersey and
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Pennsylvania have adopted the MPC as their criminal code.
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However, sections of the MPC or slight re-writes are used by
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virtually every state. The MPC's prohibition on "obscenity" and
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distribution of obscenity follows. */
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Section 251.4. Obscenity.
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(1) Obscene Defined. Material is obscene if, considered as a
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whole, its predominant appeal is to prurient interest, that is, a
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shameful or morbid interest, in nudity, sex or excretion, and if
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in addition it goes substantially beyond customary limits of
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candor in describing or representing such matters. Predominant
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appeal shall be judged with reference to ordinary adults unless
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it appears from the character of the material or the
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circumstances of its dissemination to be designed for children or
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other specially susceptible audience. Undeveloped photographs,
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molds, printing plates, and the like, shall be deemed obscene
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notwithstanding that processing or other acts may be required to
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make the obscenity patent or to disseminate it.
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(2) Offenses. Subject to the affirmative defenses provided in
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Subsection (3), a person commits a misdemeanor if he knowingly or
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recklessly:
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(a) sells, delivers or provides, or offers or agrees to sell,
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deliver or provide, any obscene writing, picture, records or
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other representation or embodiment of the obscene; or
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(b) presents or directs an obscene play, dance or performance, or
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participates in that portion thereof which makes its obscene; or
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(c) publishes, exhibits or otherwise makes available any obscene
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material; or
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(d) possesses any obscene material for purposes of sale or other
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commercial dissemination; or
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(e) sells, advertises or otherwise commercially disseminates
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material, whether or not obscene, by representing or suggesting
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that it is obscene.
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A person who disseminates or possesses obscene material in the
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course of his business is presumed to do so knowingly or
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recklessly.
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(3) Justifiable and Non-Commercial Private Dissemination. It is
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an affirmative defense to prosecution under this Section that
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dissemination was restricted to:
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(a) institutions or persons having scientific, educational,
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governmental or other similar justification for possessing
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obscene material; or
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(b) non-commercial dissemination to personal associates of the
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actor.
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/* Okay, so something is "obscene." It is nevertheless
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permissible to distribute it to "personal associates" if there is
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no commercial element to the distribution. Accordingly, in MPC or
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MPC based states, a not for profit BBS could distribute even items
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that are ""obscene"" among ""personal associates." This is the
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"live and let live: exception to the law. The document generator
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contains a form for persons to apply for access to an adult area.
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The form requires that the users do not commercially exploit the
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pictures they receive. */
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(4) Evidence; Adjudication of Obscenity. In any prosecution under
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this Section evidence shall be admissible to show:
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(a) the character of the audience for which the material was
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designed or to which it was directed;
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(b) what the predominant appeal of the material would be for
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ordinary adults or any special audience to which it was directed,
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and what effect, if any, it would probably have on conduct of
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such people;
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(c) artistic, literary, scientific, educational or other merits
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of the material;
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(d) the degree of public acceptance of the material in the United
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States;
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(e) appeal to the prurient interest, or absence thereof, in
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advertising or other promotion of the material; and
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(f) the good repute of the author, creator, publisher or other
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person from whom the material originated.
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Expert testimony and testimony of the author, creator, publisher
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or other person from whom the material originated, relating to
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factors entering into the determination of the issue of
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obscenity, shall be admissible. The Court shall dismiss a
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prosecution for obscenity if it is satisfied that the material is
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not obscene.
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