Obscenity refers to anything morally offensive. One example of morally offensive material is child pornography. Obscenity is prohibited by both federal and state law. For example, Texas has a law against obscenity called obscene display or distribution.
Obscene display or distribution refers to knowingly or intentionally distributing or displaying:
The person is then reckless about whether another individual will be alarmed or offended by the material.
A person charged with displaying obscene material does not need intend that the material be interpreted as obscene. Rather, they only need to be reckless in showing the material. Criminal recklessness refers to what a person knew at the time of the crime. A person is reckless when they knew or should have known their conduct would cause alarm, harm, or be offensive.
In Texas, the term “obscene” refers to either performance or material that lacks artistic, literary, scientific, or political value and:
Distributing or displaying obscene material is a Class C misdemeanor. If convicted, a person faces the criminal sentence of a $500 fine.
The assistance of a lawyer is essential when faced with a criminal charge related to obscene materials. Contact a Texas criminal lawyer to understand more about your legal rights. Your lawyer will also represent you at trial and/or negotiated plea.
Last Modified: 05-01-2018 10:18 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.