San Diego Obscenity Defense Lawyers

Charged with Obscenity in San Diego?
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Obscenity is a highly subjective reference to material or acts which display or describe sexual activity in a manner appealing only to "prurient interest," with no legitimate artistic, literary or scientific purpose. Pictures, writings, film or public acts which are found to be obscene are not protected by the free speech guarantee of the First Amendment.

Obscene behavior is the act in which any person knowingly exposes his person or private parts in any public place, or in any place where it may be common area to other persons to be offended or annoyed. Obscene behavior can also be charged as a misdemeanor to a person whom advises or helps any person to expose himself or takes part in any manner that is offensive to decency.

Many of the obscenity crimes charged involve internet, book and magazine pornography laws, which can fall under either California or federal jurisdiction and a large number of these involve legislation that was approved in order to protect children and often result in cases that prosecutors utilize for their controversy and the high-profile media exposure that can result. The evidence used in such cases is usually obtained either through monitoring of internet activity or search and seizure of an individual's home and possessions. Be aware that investigators in most cases must have obtained permission from a judge through a search warrant in order to conduct such activity and if they do not the case may be tainted through an illegal search and seizure. To protect yourself in such incidents you should contact our office as soon as possible to obtain the best possible representation at the earliest stage of an investigation in order to protect your legal rights. In addition, the definition of obscenity and whether someone was aware that they were in possession of obscene matter is something that a jury must decide and can be affected by skilled legal representation. Obscene behavior is also an act that in many cases can be subjective and effectively defended by our legal team. Most arrests involve individuals who have exposed their genitalia be they flashers, exhibitionists or people who many have been sexually active in a public place. Our legal team is well aware of the negative ramifications both in terms of a criminal record or community reputation that are involved with these types of charges and have established a record of confidence with our clients.