OBSCENE MATERIALS CHARGES IN PENNSYLVANIA
What Happens if You Are Charged with Possession of Obscene Materials or Sexually Explicit Materials in Pennsylvania?
Our Criminal Lawyers fight for your reputation, your rights and your charges to be dropped or significantly reduced.
If you have been arrested on an obscene materials charge or sexually explicit materials, you face very serious consequences if you are found guilty, including jail time and heavy fines.
Charges do not always lead to convictions, especially if you have an experienced and successful sex crime lawyer by your side.
Facing obscene materials charges can be complex and often violate federal laws in addition to Pennsylvania law. A knowledgeable attorney can help guide you through the process and offer you the best chance at protecting your rights and your freedom.
A criminal record can be an embarrassing affair — let us help you protect your name, your rights, your freedom and your future. Rest assured, Shrager Defense Attorneys will fight for you.
Attorney David Shrager provides compassionate counsel and will listen to your side of the story with understanding and empathy, not judgment, reproof or apathy.
We will aggressively seek action to prove your innocence and have your charges dropped completely or significantly reduced.
CRIMINAL CHARGES DO NOT ALWAYS MEAN THAT YOU ARE GUILTY
OR WILL BE CONVICTED.
CALL OR TEXT DAVID J. SHRAGER TODAY
FOR A FREE CASE EVALUATION: 412-969-2540.
WHAT MAKES SOMETHING OBSCENE OR SEXUALLY EXPLICIT?
The question of what is obscene and what is not can be confusing.
What is obscene to one person may or may not be obscene to another. Therefore, it is difficult to come up with one, clear definition that covers every case.
As you can imagine, this leaves much to interpretation. Having a skilled defense attorney is crucial in cases that involve subjective material.
Generally speaking, obscene materials are legally defined as follows:
- Would an average person, applying contemporary community standards, find the subject matter taken as a whole appeals to “prurient interest?” In other words, would an average person find the material offensive, vulgar, shameful and/or unhealthy.
- Does the subject matter depict or describe sexual conduct in a patently offensive way?
- The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value. The only purpose for the material would be to illicit a sexual response and has no other value.
Obscene materials include actual physical material such as a photo, ad, movie, etc. or a performance. Seek the help of an attorney immediately to discuss the specifics of your case.
CALL A PENNSYLVANIA SEX CRIME LAWYER
CALL OR TEXT DAVID J. SHRAGER TODAY
FOR A FREE CASE EVALUATION: 412-969-2540.
THE LAW IN PENNSYLVANIA REGARDING OBSCENE MATERIALS
Obscene materials charges are defined in the Pennsylvania Consolidated Statutes in Title 18 §5903
Depending on the circumstances of your case, you could be charged with either a misdemeanor or a felony – both carrying significant penalties if you are convicted and will remain on your permanent record.
In Pennsylvania, no person, knowing the obscene character of the materials or performances involved shall:
- Display or cause or permit the display of explicit sexual materials in windows, newsstands, display racks, billboards, movie screens, or similar places in such a manner that the display is visible to the public in any way.
- Sell, lend, distribute, transmit, exhibit, give away or show any obscene materials to any person 18 years of age or older or make an offer to do any of the above, or knowingly advertise any obscene materials in any manner:
- Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials including any materials in which a minor is depicted.
- Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information regarding how or where to obtain any obscene materials.
- Produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
- Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this subsection.
- Knowingly taking, delivering, possessing, or permitting any obscene material in any State correctional institution, county prison, regional prison facility or any other type of correctional facility.
- No person shall knowingly disseminate by sale, loan or otherwise explicit sexual materials to a minor.
- Knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited, a motion picture show or other presentation or performance which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.
The laws regarding obscene materials are extensive, but also leave a lot to interpretation. What may be considered obscene by one person may not be obscene to another.
The standard of the reasonable person is not always clear. However, conferring with an experienced sex crimes attorney who has dealt with numerous obscene materials cases can give you a much better idea of where you stand.
Knowing your rights and your options puts you in a better place to defend your liberties and fight for your rights.
If you or your loved one has been arrested or is in jail, please call or text for a free consultation.
OBSCENE MATERIALS CHARGES CHARGES DO NOT ALWAYS LEAD TO A CONVICTION
TALK TO DAVID J. SHRAGER TODAY ABOUT FIGHTING YOUR CHARGES
GET A FREE CASE EVALUATION
CALL OR TEXT: 412-969-2540
PUNISHMENT FOR OBSCENSE MATERIALS IN PENNSYLVANIA
Depending on the charges and facts of your case, if you are found guilty of an obscene materials charge, you could serve the penalties for either a first degree misdemeanor or a third degree felony.
If your offense involves an adult or adults, the charge will be a first degree misdemeanor, which, if convicted, carries a maximum penalty of:
- Up to five years in prison
- Up to $10,000 in fines
If your offense involves a minor or minors, also known as child pornography charges – the charge can be a third degree felony. A third degree felony carries a maximum penalty of:
- Up to seven years in prison
- Up to $15,000 in fines
- Having to Register as a Sex Offender
In addition, federal law makes it illegal to possess obscene materials with the intent to sell or distribute.
If you send, ship, or receive obscenity, import obscenity, and/or transport obscenity across state lines for the purposes of distribution, you may also face federal criminal charges.
OUR ATTORNEYS CAN FIGHT YOUR CHARGES
There are many defenses against sex crimes and we will work hard to build the strongest defense possible to win your case.
Don’t be scared: be prepared. At Shrager Defense Attorneys, we have been very successful in winning sex crime cases in Pennsylvania. we treat every case as our most important case and will work aggressively to help you have your charges reduced or withdrawn.
Let us help you protect your name, your rights, your freedom and your future. Rest assured, Shrager Defense Attorneys will fight for you.
You cannot leave your situation to chance. Hire an experienced and successful sex crime lawyer in Pennsylvania to investigate the facts of your case and determine the best course of action to help you maintain your freedom and preserve your reputation.
If you have been charged with, or think you may be charged with, an obscene material offense, call Attorney David Shrager immediately for a free consultation.
Being charged with prostitution in Pennsylvania does not have to mean that you will be convicted.
FREE Legal Case Evaluation
Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with David J. Shrager 24 hours a day, 7 days a week.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
If you have been charged with, or think you may be charged with, any of the following sexual offenses, call Attorney Shrager immediately for a free consultation:
- Internet Sex Crimes Charges
- Charges for Online Solicitation of Minors for Sex
- Charged with Sexting
- Indecent Exposure Charges
- Charged with Sexual Assault / Rape
- Charged with Involuntary Deviate Sexual Intercourse
- Indecent Assault and Aggravated Indecent Assault Charges
- Date Rape / Statutory Rape Charges
- Spousal Rape / Spousal Sexual Assault / Marital Rape Charges
- Child Molestation / Solicitation and Child Sexual Assault Charges
- Luring a Child into a Motor Vehicle or Structure
- Unlawful Contact with a Minor Charges
- Custodial Interference Charges & Custody Crimes
- Failure to Register as a Sex Offender