California Porn Maker Faces Obscenity Charges

An obscenity case against a California company that makes graphic pornography has been scheduled, after a five year delay. Jury selection in the case against Extreme Associates is scheduled to begin March 16 before U.S. District Judge Gary L. Lancaster.

The owners of the company were first indicted in 2003 on 10 counts, including conspiracy, mailing obscenity and distributing it online. The films depict women being tortured, raped and murdered. The case was initially dismissed by the federal judge in January 2005 but was later reinstated.

The United States Supreme Court set out a “test” to determine whether material is obscene. The “Miller Test” as it is known, requires the trier of fact (e.g. the jury) to determine whether the work “appeals to a prurient interest” and whether it is “patently offensive. Furthermore, the third prong of the Miller Test asks “whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” A fundamental question in all obscenity cases is what community standard of value must be used to determine what is “literary, artistic, political or scientific”. Should a jury in Pennsylvania use a Pennsylvania standard when the “art” was created in California?

In a prosecution for the sale of allegedly obscene materials, only the first and second prongs of the Miller test - appeal to prurient interest and patent offensiveness - should be decided with reference to “contemporary community standards.” The ideas that a work represents is not required to obtain majority approval to merit protection. In addition, the value of that work does not vary from community to community based on the degree of local acceptance it has won. The proper inquiry is whether a reasonable person would find such value in the material, taken as a whole.

If you are accused of distributing obscene (California Penal Code 311) material or any other obscenity related offenses in Orange County, you need the assistance of competent defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston & Blanco can assist with any obscenity based accusations and handle any other criminal accusations against you. Call TODAY! Do NOT wait! Call the Orange County criminal defense attorneys of Houston & Blanco at 714.841.3921 or email at info@HBLawyers.net .